Ordinance The Procedural Device To Outmanoeurvre Parliament
Post on 18,June 2016   5:00 AM
By - PolyEyes Staff
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An Ordinance making power of ‘PRESIDENT’ (Article 123) and in case of governor (Article 213) shall be used as last resort and when there is urgent need of public importance matter.

However, in recent context it has turned into a procedural device to outmanoeurvre the parliament. When ordinance is promologated, it by passes the general democratic process of bill becoming law through the democratic process of detailed serenity by the legislature.

An Ordinance is a device which is supposed to be used only when the house of people and house of commons are not in session. It is of urgent public need but in recent context it has become frequent device used by ruling party to bypass the general procedure when they find it circumstances in passing the bill through the LOK SABHA as well as RAJYA SABHA.

Bypassing the democratic setup diffuses the real structural setup of democracy and the essence of the authority invested in leaders which comes from diverse strata of Indian population goes meaningless as they don’t have any say in such low ordinance.

EXISTING SAFEGUARDS :  However, there is provision that ordinance passed shall be approved by legislature assembly and legislature council within six weeks or else it will cease to operate. Meanwhile, if it is repromlogated it gives same effect as before.

In order to ensure true spirit of democratic setup, it has to be used rarest and only in the urgent public need. There shall be also limitation of repromlogation on the ordiances. 

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