Question Q.13GS2GS2

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Ans: Ordinance power is available to executive i.e. President or Governor upon the advice of Cabinet or Council of Ministers when the legislative houses are not in session. This is conferred by Article 123 and 226 for President and Governor respectively. Rationale behind inclusion:Emergency legislations Ex: Violation against doctors during pandemic; Essential commodities ordinanceTo avoid delay in implementing needs of immediate natureTo be executive's way of handling crisis situations when political disturbances, instability occur

Safeguards: However, though mentioned by Supreme Court in multiple occasions to use this extraordinary power carefully. In a judgement 'the aspects on which ordinances are legislated should be urgent and important in nature'.Ordinance making is under judicial review too. But SC cannot challenge the legitimacy of ordinance process.Lapse of ordinance - constitution after commencement of session, if not passed as bill within 4.5 months or 6 weeks.SC in BC Cooper Can mentioned that ordinance can be challenged on the grounds that subject it not misused.

on the grounds that subject it not misused. State Bihar's Governors kept 100+ ordinances and more than 17 ordinances continued for 10 odd years. Supreme court in this case termed 'ordinance not, placed before legislature houses' amounts to abuse of power and fraud against constitution. However, the ordinance making is necessary in emergency times like violence against doctor during pandemic is still necessary to handle crisis. But such a power needs to be carefully used by executive to ensure democratic accountability.

252 words1 paragraphs

Conclusion

However, the ordinance making is necessary in emergency times like violence against doctor during pandemic is still necessary to handle crisis. But such a power needs to be carefully used by executive to ensure democratic accountability.

36 words

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Page 29

Topper

SRIGIRIRAJU V P S SAI KRISHNA

AIR 1252025

Subject & Paper

GS2GS2

Topic

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

Significant Provisions

Ordinance Power of Executive

Writing Stats

288

Total words

Paragraphs

analytical

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