municipal law or ruling passed by a legislative body or other authorized entity.

In the governance of India, the promulgation of ordinances has evolved significantly over time, from its roots in the British colonial period to the present constitutional framework. Ordinances, temporary laws enacted by the executive when the legislature is not in session, serve as a crucial tool for addressing urgent and emergency situations.

Historical Evolution from Government of India Act, 1861:

The Government of India Act, 1861, one of the earliest legislations, laid the foundation for legislative councils and introduced delegated legislative powers to provincial governments under British rule. However, the explicit provision for ordinance promulgation formalized later.

The Government of India Act, 1919, and more significantly the Government of India Act, 1935, expanded legislative councils and introduced more structured legislative processes, including specific provisions for promulgating ordinances by the Governor-General or Governors during recesses of the legislature. These acts empowered the executive to pass ordinances to meet urgent needs.

After independence in 1947, India adopted its own Constitution in 1950, which incorporated the ordinance-making power in Articles 123 (Union) and 213 (States). The Constitution allows the President or Governor to promulgate ordinances when the Parliament or State Legislature is not in session. These ordinances have the same force as laws passed by the legislature but must be approved within six weeks of the legislature's next session to remain in effect.

Several landmark Supreme Court cases have clarified the scope, validity, and constitutional checks on ordinance promulgation.

In Re: The Delhi Laws Act case (1951): The Supreme Court held that ordinance-making is a legislative function delegated to the executive, and such ordinances are valid only during the legislative recess and for a limited period thereafter.
D.C. Wadhwa v. State of Bihar (1987): The Court struck down ordinances issued solely for political expediency without immediate urgency, emphasizing that ordinance power should be used only in urgent situations.
Rustom Cavasjee Cooper v. Union of India (1970): The Court ruled that ordinances cannot abrogate fundamental rights, and their usage is subject to constitutional boundaries.
K.K. Verma v. Union of India (1976): Reiterated that ordinances are temporary instruments and cannot replace regular legislative action indefinitely.

More recently, courts have disapproved misuse of ordinance power for bypassing parliamentary procedures or political motives, insisting on strict adherence to constitutional provisions.

Summary:

| Period | Development in Ordinance Promulgation | |--------|---------------------------------------| | Pre-1861 | Limited delegated legislative powers under East India Company and early British acts | | 1861 Act | Established legislative councils; early framework for executive legislation | | 1919 & 1935 Acts | Formalized ordinance-making power for Governor-General/Governors during recess | | Post-1950 Constitution | Union and States empowered with Articles 123 & 213 to promulgate ordinances with checks | | Judicial Review | Supreme Court rulings clarified scope, limits, and constitutionality of ordinance powers |

Thus, ordinance promulgation in India evolved from a colonial mechanism for administrative expediency to a constitutionally regulated form of delegated legislation with judicial oversight to prevent misuse.

The evolution of India's policy-and-legislation concerning ordinance promulgation, as detailed in the summary, highlights the transition from the early British colonial acts to the present constitutional framework, where it serves as a crucial tool in politics, especially during recesses of the general-news.
As demonstrated in the significant court cases related to ordinance legality, the Indian judiciary plays a vital role in checking the misuse of ordinance power, emphasizing its role in the intricate balance between policy-and-legislation, politics, and general-news.

municipal law or ruling passed by a legislative body or other authorized entity.