Question Q19GS2GS2

Ordinances deny legislative legitimacy to executive actions and weaken democratic accountability of elected government. Discuss the rationale behind inclusion of ordinance making power in the constitution and various safeguards against its misuse. Has the ordinance making power outlined in its utility in present times? (15 marks, 250 words)

Main Body

Ordinance-making powers have been vested as President (Article 123) and Governor (Article 213), for eg. Ordinance on Committee for Air Quality Management in NCR.

Rationale behind ordinance power in Constitution:

1To ensure continuity in governance even when legislature is not in session

2To deliver policies in case of urgent need, situation.

3Part of functional overlap instead of separation of powers between legislature and executive.

Various safeguards taken:-

1Ordinances have to be approved within 6 weeks of reconstitution or new session of the legislature, without which it cease to exist hold.

2The government has to give explanation for the need for ordinance at the time of bringing the law in parliament.

3Supreme Court in DC Wadhwa 2016 - affeated

Various safeguards taken: ordinance misuse

OrdinanceTo supersede legislature [eq] - Form reason ordinances

Ignore democratic accountability through pre-legislative public scrutiny.

Various safeguards taken:

1Ordinances have to be approved within 6 weeks of reconstitution or new session of the legislature, without which it cease to exist hold.

2The government has to give explanation for the need for ordinance at the time of bringing the law in parliament.

3Supreme Court in DC Wadhwa 2016 - affected

Ordnance power in its utility

Cultivated its utility in present time as today legislative dealing is fear essential for long to justify public confidence.

However, #15 COVID-19 disrupted it remain parliamentary functioning important – disruption in parliament due to walkout, protest legislature do not stay in session throughout the year.

Thus, a balanced approach based on maintenance of restraint while exercising ordinance using it only in public interest when an urgent concern emerged provides a way forward.

The former Chief Justice of India AslI Justice Ramanna suggested constitution of an independent umbrella body for regulation of central investigating agencies to ensure their independence, fair functioning.

Various issues related to functioning of central investigating agencies:

1Multiplicity of central investigative agencies leads to problem of overlapping jurisdiction [eq] - Both ED and CBI investigate cases of corruption.

2Duplication of function. [eq] - CBI "tagged force" of crime, use of ED, CBI, NIA against opposition members.

3Law synergy between various bodies. [eq] - RFJD [Read], CBI, NIA in dealing with terrorism. High variance.

Independent umbrella body

1can help in integration of roles in a Single Agency [eq] - All corruption matter to be dealt by ED alone.

and Narcotics control Bureau, both have function of raiding and seizing advice menace, through [crossed out]

2Dilution of federal principle. [eq] - Use of CBI in state leads to sidelining of state police

3Ensure independence - [eq] - Culture ___ court called CBI "tagged force" of crime, use of ED, CBI against opposition members.

3law synergy between various bodies. [eq] - [Read], CBI, NIA in dealing with terrorism.

High variance.

Independent umbrella body

1can help in integration of roles in a Single Agency [eq] - All corruption matter to be dealt by ED alone.

2___ independence by freeing of central agencies from government rancel.

3State to infrastructure, water manpower, need of the central govt, agency.

4Ensure transparency in management of central agency.

Thus, an independent umbrella body for central investigative body is an idea worth giving serious attention to strengthen the fourth pillar of democracy.

India on its Voluntary Report to the United Nation gave the idea of 'local solution for global problems'. Thus highlighting the importance of identification of SDGs in silos, the PRIs can play a key role.

Critical role of PRIs in meeting SDGs:

1In eradicating poverty (SDG 1): by ensuring MGNREGA employment to every individual volunteering for work to ensure income.

2Eradicate hunger by increasing awareness on breadfeeding on breastfeeding, importance of millet-cereals.

3Ensuring healthcare (SDG 3): by setting up primary health centre in village, promotion of genetic medicine, [crossed out]

setting up primary healthcare center in village, promotion of genetic medicine

4Ensure gender equality (SDG 5): to by promoting girl child education under Beti Bachao, Beti Padhao program.

Capabilities of PRIs in meeting SDGs:

1& Sufficing sanitation facilities under Swachh Bharat Mission (SDG 6)

2Promoting usage of LPG cylinders instead of firewood (SDG 7)

3Fighting caste, class, clan discrimination in village to reduce inequality (SDG 10).

4Promoting sustainable production and

Sustainability in village - by forming circular economy, LIFT movement.

Thus, local initiated led by panchayats can help achieve Vision 2030, Bhakti Sharma of Bahkhidin Abdullah village of Madhya Pradesh has shown the utile potential of PRIs in rural transformation and SDG achievement.

764 words46 paragraphs

Conclusion

Thus, a balanced approach based on maintenance of restraint while exercising ordinance using it only in public interest when an urgent concern emerged provides a way forward. Thus, an independent umbrella body for central investigative body is an idea worth giving serious attention to strengthen the fourth pillar of democracy. Thus, local initiated led by panchayats can help achieve Vision 2030. Bhakti Sharma of Bahkhidin Abdullah village of Madhya Pradesh has shown the utile potential of PRIs in rural transformation and SDG achievement.

83 words

Open original scan

Page 29

Topper

Anupriya Rai

AIR 2582025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Significant Provisions

Ordinances

Writing Stats

847

Total words

Paragraphs

formal

Tone