Questions
Analyze the constitutional provisions regarding the President’s power to promulgate ordinances and assess how this authority balances the need for prompt legislative action with the principles of parliamentary democracy.
Explore the intersection between the President’s ordinance powers and the limitations imposed by judicial review, considering recent legal interpretations and their implications for the scope of executive action.
Assess the role of ordinances in the context of contemporary governance challenges, such as public health emergencies or economic crises, and analyze how the President’s power to promulgate ordinances aligns with the evolving needs of the nation.
Examine the relationship between the President’s ordinance powers and the principles of federalism, evaluating how these powers affect the distribution of legislative authority between the center and the states.
Analyze recent instances where the President’s ordinance powers have been utilized and assess the effectiveness of ordinances in addressing urgent issues, considering the impact on the legislative process and democratic accountability.
- Article 123
- inspired from Indian Councils Act 1861
- viceroy could pass ordinances
Balances
- ord only on matters where Parl competent
- ord remains in effect only for six weeks after reassembly of houses
- can only be issues when one or both houses not in session
- both houses can pass resolution in 6 weeks disapproving the ord
- subject to limitations of constitution and Basic Structure Doctrine
Scope
- can modify or repeal any act of Parliament or another ordinance
- even alter tax laws
- But can’t amend constitution
- Prez can issue withdrawal of ord
AK Roy v UoI
ord making powers can be reviewed on certain gounds
- if Prez did not act on aid & advice of CoM
- if satisfaction of Prez was based on irrelevant consideration of malafide intent
- if ord breaches constitutional limits
Repromulgation
- DC Wadhwa v State of Bihar: repromulgation ok if legis overburdened or if session was too short for it to consider
- but if done to avoid legis scrutiny, then unconstitutional
- high repromulgations since 1950s
| Year | Repromulgations |
|---|---|
| 1950s | 7.1/yr |
| 1990s | 19.6/yr |
| 2019 | 16 |
| 2020 | 15 |
- Recently, promulgated Commission of Air Quality Management in NCR Ordinance 2020todocurrent-affairs
See also: