{"id":243927,"date":"2023-05-24T20:08:49","date_gmt":"2023-05-24T14:38:49","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=243927"},"modified":"2023-05-24T20:08:49","modified_gmt":"2023-05-24T14:38:49","slug":"govts-power-to-promulgate-repromulgate-ordinances-why-and-how","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/govts-power-to-promulgate-repromulgate-ordinances-why-and-how\/","title":{"rendered":"Govt\u2019s power to promulgate, repromulgate Ordinances \u2014 why and how"},"content":{"rendered":"\n

Source:<\/b> The post is based on the article<\/span> \u201cGovt\u2019s power to promulgate, repromulgate Ordinances \u2014 why and how\u201d <\/b>published in <\/span>The Hindu <\/b>on 24th May 2023<\/b><\/p>\n

What is the News?<\/b><\/h2>\n

The President of India has promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.<\/span><\/p>\n

What is Ordinance?<\/b><\/h2>\n

A<\/span>rticle 123 of the Constitution gives the President of India powers to promulgate ordinances when Parliament is not in session and an immediate action is required.<\/span><\/p>\n

\u2013 <\/span>Note: <\/b>Article 213 deals with the broadly analogous powers of the Governor to promulgate\/ withdraw an Ordinance when the state legislature is not in session.<\/span><\/p>\n

Article 123 reads <\/b>\u201cIf at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate Ordinances\u201d.<\/span><\/p>\n

An Ordinance shall have the same force and effect as an Act of Parliament. But the government is required to bring an Ordinance before Parliament for ratification \u2014 and failure to do so will lead to its lapsing at the expiration of six weeks from the reassembly of Parliament.<\/span><\/p>\n

The Ordinance may lapse earlier if the President withdraws it \u2014 or if both Houses pass resolutions disapproving it.<\/span><\/p>\n

Also, if an Ordinance makes a law that Parliament is not competent to enact under the Constitution, it shall be considered void.<\/span><\/p>\n

Since the President acts on the advice of the Council of Ministers, it is in effect the government that decides to bring the Ordinance.\u00a0<\/span><\/p>\n

The President may return the recommendation of the Cabinet once if she feels it warrants reconsideration; if it is sent back (with or without reconsideration), she has to promulgate it.<\/span><\/p>\n

What are the Supreme Court judgments on ordinances?<\/b><\/h2>\n

RC Cooper Case 1970: <\/b>The Supreme Court held that the President\u2019s decision to promulgate an ordinance could be challenged on the grounds that \u2018immediate action\u2019 was not required, and the ordinance had been issued primarily to bypass debate and discussion in the legislature.<\/span><\/p>\n

Dr D C Wadhwa and Ors v. State of Bihar and Ors (1986):<\/b> The Supreme Court held that it would most certainly be a colourable exercise of power for the Government to ignore the Legislature and repromulgate the Ordinance while continuing to regulate the life and liberty of its citizens through Executive-made Ordinances.<\/span><\/p>\n

Krishna Kumar Singh and Another v. State of Bihar:<\/b> In 2017, the Supreme Court examined a case where the state of Bihar re-promulgated an Ordinance several times without placing it before the legislature.<\/span><\/p>\n

\u2013 The court reiterated that legislation should normally be done by the legislature, and the Governor\u2019s power to issue an Ordinance is in the nature of emergency power.<\/span><\/p>\n

\u2013 The court clarified that there might be circumstances permitting the re-promulgation of an Ordinance \u2014 however, it said, repeated re-promulgations without bringing the Ordinance to the legislature would usurp the legislature\u2019s function, and would be unconstitutional.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cGovt\u2019s power to promulgate, repromulgate Ordinances \u2014 why and how\u201d published in The Hindu on 24th May 2023 What is the News? The President of India has promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023. What is Ordinance? Article 123 of the Constitution… Continue reading Govt\u2019s power to promulgate, repromulgate Ordinances \u2014 why and how<\/span><\/a><\/p>\n","protected":false},"author":10317,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1566,1760,9],"tags":[10498],"class_list":["post-243927","post","type-post","status-publish","format-standard","hentry","category-daily-factly-articles","category-polity-and-nation","category-public","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/243927","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10317"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=243927"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/243927\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=243927"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=243927"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=243927"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}