Скачать или смотреть Limitations of ordinance-making power of the President? by Samridhi Srivastava, Intern at ubAdvocate

Samridhi Srivastava
Intern At ubAdvocate-   / ubadvocate  
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Ordinance making power of the President

The video is all about the powers as well as the conditions that bound the President under the Constitution of India to promulgate Ordinances.

What is the meaning of the Ordinance?
Ordinances are like a law but not enacted by the Parliament but rather promulgated by President of India when Lok Sabha and Rajya Sabha or either of those is not in session. Union Cabinet’s recommendation is a must for an ordinance to be promulgated. Using ordinances, immediate legislative actions can be taken.

Note: For an ordinance to exist, it should be approved by the Parliament within six weeks of it being introduced. Parliament is required to sit within 6 weeks from when Ordinance was introduced.



What are the limitations of the ordinance-making power of the President?
There are the following limitations:

President can promulgate an ordinance only when both the houses are not in session or only one house is in session.
For an ordinance to be promulgated, such circumstances should be there which deem it necessary for President to legislate through the ordinance
Note: In RC Cooper vs. Union of India (1970) the Supreme Court, while examining the constitutionality of the Banking Companies (Acquisition of Undertakings) Ordinance, 1969 which sought to nationalise 14 of India’s largest commercial banks, held that the President’s decision could be challenged on the grounds that ‘immediate action’ was not required; and the Ordinance had been passed primarily to by-pass debate and discussion in the legislature.

38th Amendment Act inserted a new clause (4) in Article 123 stating that the President’s satisfaction while promulgating an Ordinance was final and could not be questioned in any court on any ground. however, the 44th Amendment to Indian Constitution reversed it and made the President’s satisfaction to bring ordinance justiciable.

Ordinances can be introduced only on those subjects on which the Indian Parliament can make laws.
Ordinances can not take away any rights of citizens that are guaranteed by the Fundamental Rights of the Indian Constitution.
Ordinance ceases to exist if parliament takes no action within six weeks from its reassembly
Ordinance also stands void if both the houses pass a resolution disapproving the ordinance
Note: The maximum life of an ordinance can be six months and six weeks.

The ordinance-making power of the President is important for UPSC 2022 and candidates may also learn the comparison between the ordinance-making power of the President and Governor.

Frequently Asked Questions related to Ordinance
When an ordinance can be passed?
President can issue ordinance when one of the houses of the Parliament is not in session. The maximum validity of an ordinance is 6 months and 6 weeks. An ordinance will expire after 6 weeks once both houses of the Parliament are in session. A constitutional amendment cannot be made through the ordinance route.
Who has the power of making ordinance?
Article 123 of the Constitution grants the President certain law-making powers to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an Act of Parliament but are in the nature of temporary laws.
How many times ordinance can be issued?
The present government has re-promulgated four ordinances in a span of two years. The Coal Mines (Special Provisions) Ordinance, 2014 was promulgated twice. The Land Acquisition Ordinance was promulgated thrice after which it was eventually allowed to lapse. The Negotiable Instruments (Amendment) Ordinance, 2015 was promulgated twice and the latest Enemy Property Ordinance was its fourth promulgation. This is probably the first time in our constitutional history that an ordinance has been re-promulgated for a fourth time at the Centre.

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