Local Legislation
The ordinance-making power in India, a constitutional tool designed to enable the President and Governors to legislate during legislative recesses, has a rich history rooted in Articles 123 and 213 of the Indian Constitution. This emergency legislative mechanism, with defined limitations and oversight, has evolved over time to serve as a means of addressing urgent situations without waiting for the legislature to reconvene.
Historically, the ordinance-making power was enshrined to ensure the executive could function effectively when the Parliament or State Legislatures were not in session. The power's temporary character is evident in the six-week time frame within which these ordinances must be approved by the legislature to continue as law, thereby preserving democratic decision-making supremacy in the lawmaking process.
However, the provision has not always been immune to political misuse. Ordinances have been issued frequently to circumvent the normal legislative process, leading to debates on the balance of power between the executive and the legislature and concerns over undermining parliamentary democracy.
In recent times, the Supreme Court of India has adjudicated on the limits of ordinance-making power, emphasizing that it cannot be used to bypass or undermine the legislative function and democratic procedures. Challenges often arise in courts when ordinances are perceived to be misused for political expediency or where they conflict with fundamental rights or constitutional values.
Judicial review acts as a check on ordinance misuse, with courts sometimes striking down ordinances that violate constitutional principles or where the promulgation lacked urgency or necessity. Concerns persist that repeated resort to ordinances can undermine parliamentary sovereignty and democratic decision-making by centralizing legislative power in the executive temporarily but sometimes excessively.
The temporary and emergency nature of ordinances raises questions about democratic accountability, as they are issued without the full legislative debate and scrutiny. Their frequent use can erode democratic norms and transparency. However, their adaptability and responsiveness make them an essential tool for addressing national security threats, economic emergencies, or legal voids.
In summary, the ordinance-making power in India is constitutionally recognized with clear restrictions aimed at preserving legislative supremacy and democracy. However, it faces challenges in practice, especially related to misuse, judicial scrutiny, and its implications for democratic governance. The balance between the need for quick, adaptable legislation and the importance of democratic accountability and transparency remains a topic of ongoing discussion and debate.
Policy debates surrounding the ordinance-making power in India often encompass concerns about its potential misuse in politics, particularly when it is used to bypass policy-and-legislation through the legislative process. General news frequently reports on the Supreme Court's role in alleviating these concerns, as it works to uphold constitutional values and democratic principles by reviewing and, where necessary, striking down ordinances that violate these standards.
