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In democratic nations like India, the legislative process is essential for creating laws that govern society. Normally, the Parliament and state legislatures pass laws after vigorous discussions and debates. However, there are times when immediate action is required, and waiting for the legislative process may not be feasible. In such scenarios, the Constitution of India empowers the President and the Governors with the authority to promulgate ordinances. These ordinances allow for the enactment of laws without the need for immediate legislative approval, thereby addressing urgent needs efficiently.
An ordinance is a temporary law that can be issued by the President of India or the Governors of states when the Parliament or the state legislative assembly is not in session. This mechanism ensures that urgent legislative matters can be addressed promptly without waiting for the regular legislative process to resume. However, ordinances are not meant to bypass the legislature indefinitely; they must be presented before the legislature once it reconvenes and must be approved within a stipulated time to become permanent laws.
The President’s ordinance-making power is derived from Article 123 of the Indian Constitution. This article grants the President the authority to promulgate ordinances when both houses of Parliament are not in session and if the President believes that immediate action is necessary.
When promulgating an ordinance, the President acts on the advice of the Union Cabinet. The ordinance must be laid before both houses of Parliament once they reconvene. It will cease to operate at the expiration of six weeks from the reassembly of Parliament unless approved by both houses.
Ordinances have the same force and effect as laws passed by Parliament, but they are subject to certain limitations:
Over the years, several significant ordinances have been issued by Presidents of India to address various urgent issues. For instance, the 1991 ordinance on economic reforms introduced by then-President R. Venkataraman, which paved the way for liberalization, is a notable example.
The Governor’s ordinance-making power is outlined in Article 213 of the Indian Constitution. Similar to the President, a Governor can issue ordinances when the state legislative assembly is not in session and if the Governor considers it necessary to take immediate action.
The procedure for promulgating an ordinance by the Governor is akin to that followed by the President. The ordinance must be placed before the state legislature when it reconvenes and must be approved within six weeks to remain in effect.
There are also specific limitations to the Governor’s ordinance-making power:
Governors have used their ordinance-making power in various situations to address state-specific issues. For example, the Bihar Government enacted an ordinance in 1999 to tackle the growing problem of crime in the state, which allowed for the speedy trial of criminal cases.
The ordinance-making power of the President and Governors is crucial for several reasons:
The ordinance-making power vested in the President and Governors is a vital constitutional mechanism designed to address urgent legislative needs when the respective legislative bodies are not in session. While this power ensures the smooth functioning of governance during emergencies, it is also subject to checks and balances to prevent misuse.
If you find yourself grappling with issues related to the ordinance-making power of the President or Governors, expert guidance can make a significant difference. And that’s where the best lawyer of Kolkata can help you.
Rajesh Kshetry, a distinguished lawyer based in Kolkata, specializes in constitutional and administrative law. With a profound understanding of the legal intricacies involved in ordinance-making and a track record of successfully handling complex legal challenges, Rajesh Kshetry is well-equipped to provide you with the best legal counsel and representation.
Renowned for his expertise and dedication, Rajesh Kshetry, the finest Kolkata lawyer, has established himself as one of the best lawyers in Kolkata. His comprehensive knowledge, combined with a client-centric approach, ensures that you receive personalized and effective legal solutions.
So, no matter whether you’re facing challenges related to ordinances or any other legal matter, Rajesh Kshetry’s guidance can help you navigate through the complexities and achieve favorable outcomes.
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