Question Q.13DiscussGS2GS2
The Constitution envisages the use of ordinances only under extraordinary circumstances, yet they are sometimes used to serve political expediency. Describe the rationale behind the inclusion of ordinance making power in the Constitution and the various safeguards against its misuse. Do you think that the ordinance-making power has outlived its utility?
Main Body
President can promulgate ordinance under A123 of constitution to pass bills when either house of the parliament is not in session. Rationale of inclusion of ordinance making power:originally: Indian Councils Act of 1880, it introduced ordinance making powers to recovery to deal with emergencies like 1857 Revolt.Indian Constitution: continuous provisions from GOI Act 1935Need: to deal with unforeseen circumstances requiring immediate intervention during recess of parliament. i.e. under extraordinary circumstances. Safeguards: Not applicable for constitutional amendments, needs to be approved by both houses within 6 weeks. • can only be promulgated on advice of council of ministers to prevent despotism of president.
intervention during recess of parliament, i.e. under extraordinary circumstances. Safeguards: Not applicable for constitutional amendments, needs to be approved by both houses within 6 weeks. • can only be promulgated on advice of council of ministers to prevent despotism of president. Reasons for outliving its utility: against balance of power: executive legislator misused by political parties to pass bills that can fail majority in either house ex. Rajya Sabha.Repromulgation of ordinances without getting them passed in legislative - ex. Nation capital commission for its equality act
196 words1 paragraphs
Topper
RITU GOYAL
AIR 2232025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Ordinance Powers
Writing Stats
196
Total words
1
Paragraphs
analytical
Tone