HPAS/Allied Mains 2022 Answer Writing Challenge Day 06: Model Answer

Question: Examine whether the deadlock in Parliament has resulted in the increasing tendency of the union government to promulgate ordinances for legislation. Why is it necessary to limit the exercise of this power?(20 Marks, 400 Words)

Answer: 

Introduction:

• The ordinance making power is the most important legislative power of the President and the Governor. It has been vested in them to deal with unforeseen or urgent situations. Article 123 and Article 213 of the Constitution grants the President and Governor certain law-making powers to promulgate ordinances during the recess of Parliament. Ordinance-making gave absolute power to the executive to surpass legislature and enact law without the consent of Parliament. Builders of the Constitution made provisions for ordinances so that laws could be made in extraordinary situations. During the 2010s, 7.9 ordinances were enacted per year. This has significantly increased to more than double in the last few years with 16 in 2019, 15 in 2020. In first two weeks of monsoon session held in 2022, Lok sabha met for only 16 hours.

Main Body

Reasons for the increase in the deadlock in parliament and ordinance: ·Controlled by the ruling party                         Means to acquire power and wealth ·Criminal background                                         Decline of Parliament authority ·Disruptions in the name of Dissent                Speaker/Chairman Ordinance needs to be limited because: ·Spirit of parliamentary democracy                         Against Judicial judgements ·Against principle of separation of power              Parliamentary scrutiny Reforms to limit the exercise of the power of ordinance ·Round-the-year parliament ·Ordinance only in extraordinary situation ·More in clarity in nature and extent of judicial review

Conclusion

The ordinance making power bringing into the element of arbitrariness into the Constitutional System and disturbing the rule of law

Related Cases:

• RC Cooper Case 1970: Supreme Court in RC Cooper vs. Union of India (1970) held that the President’s decision to promulgate ordinance could be challenged on the grounds that ‘immediate action’ was not required, and the ordinance had been issued primarily to bypass debate and discussion in the legislature.
• DC Wadhwa Case 1987: The Supreme court held that the legislative power of the executive to promulgate ordinances is to be used in exceptional circumstances and not as a substitute for the law-making power of the legislature.