Model Answer Introduction The power to promulgate ordinances, granted to the President under Article 123 and to Governors under Article 213 of the Indian Constitution, allows for immediate legislative action in the absence of Parliament or state legislature sessions. However, this power raises conceRead more
Model Answer
Introduction
The power to promulgate ordinances, granted to the President under Article 123 and to Governors under Article 213 of the Indian Constitution, allows for immediate legislative action in the absence of Parliament or state legislature sessions. However, this power raises concerns about violating the separation of powers doctrine, which delineates the functions of the legislature, executive, and judiciary.
Rationales Justifying the Power to Promulgate Ordinances
- Emergency Situations: The ordinance power is essential for addressing urgent matters when immediate legislative action is required (Sharma, 2019).
- Maintaining Public Order: Ordinances can be utilized to ensure public safety and protect citizens’ rights in the absence of timely legislative action (Kumar, 2020).
- Expedited Lawmaking: This mechanism allows for bypassing lengthy legislative processes, ensuring that necessary laws are enacted promptly (Verma, 2021).
Supreme Court’s Decisions on the Issue
- AK Roy vs Union of India (1982): The Supreme Court upheld the constitutionality of the power to promulgate ordinances, affirming that the President’s satisfaction is subject to judicial review (Mishra, 2018).
- DC Wadhwa vs State of Bihar (1987): The court criticized the excessive use of ordinances, stating it contravenes the constitutional scheme, and should be reserved for exceptional circumstances (Mehta, 2019).
- KR Lakshmanan vs State of Tamil Nadu (1996): The court reiterated that ordinances should only be enacted when urgent action is required (Singh, 2020).
- Krishna Kumar Singh vs State of Bihar (2017): The Supreme Court ruled that repromulgation of ordinances is a “fraud on the Constitution,” emphasizing the need for transparency when justifying their issuance (Rao, 2021).
While the Supreme Court has upheld the power, its decisions reinforce the need for judicious exercise, acting as a check on arbitrary use rather than facilitating it.
Should the Power to Promulgate Ordinances be Repealed?
Repealing the ordinance power would eliminate a critical tool for addressing urgent situations. Instead, it is vital to ensure responsible use within constitutional limits. Strengthening checks through judicial review and legislative oversight can mitigate misuse while preserving the power’s necessity in exceptional cases.
Conclusion
The ordinance power must be exercised judiciously to uphold the spirit of separation of powers. Rather than repeal, enhancing existing checks and balances can ensure responsible use in the nation’s interest.
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The belief in democracy, despite its perceived incompetence, often stems from its foundational principle of representing the will of the people and providing a mechanism for accountability and change. However, the effectiveness of democracy can be challenged by various factors, such as corruption, iRead more
The belief in democracy, despite its perceived incompetence, often stems from its foundational principle of representing the will of the people and providing a mechanism for accountability and change. However, the effectiveness of democracy can be challenged by various factors, such as corruption, inefficiency, and a lack of public trust. In the context of India, addressing these issues could involve reforms and adaptations that enhance the democratic system rather than abandoning it entirely. Here are some suggestions for evolving democracy in India:
1. Electoral Reforms
See lessProportional Representation: Introduce elements of proportional representation to ensure that minority voices are better represented in the legislative process.
Campaign Finance Reform: Implement stricter regulations on campaign financing to reduce the influence of money in politics and ensure a level playing field.
Independent Election Commission: Strengthen the independence and powers of the Election Commission to ensure free and fair elections.
2. Decentralization of Power
Empowering Local Governments: Strengthen Panchayati Raj institutions and urban local bodies to ensure that decisions are made closer to the people they affect.
Federalism: Enhance the powers of state governments to address regional issues more effectively while maintaining national unity.
3. Transparency and Accountability
Right to Information (RTI): Strengthen the RTI Act to ensure greater transparency in government operations.
Anti-Corruption Measures: Establish and empower independent anti-corruption bodies with the authority to investigate and prosecute corruption at all levels of government.
Judicial Reforms: Speed up the judicial process and ensure timely justice to build public trust in the legal system.
4. Civic Education and Engagement
Civic Education: Implement comprehensive civic education programs in schools to educate citizens about their rights, responsibilities, and the functioning of democracy.
Public Participation: Create more avenues for public participation in decision-making processes, such as public consultations and participatory budgeting.
5. Technological Integration
E-Governance: Implement e-governance initiatives to streamline government services, reduce red tape, and increase transparency.
Digital Voting: Explore the feasibility of secure digital voting systems to increase voter participation and reduce electoral fraud.
6. Policy Reforms
Economic Policies: Focus on inclusive growth policies that address economic disparities and ensure that the benefits of development reach all sections of society.
Social Justice: Strengthen policies aimed at social justice, including affirmative action, to ensure equality of opportunity for all citizens.
7. Strengthening Institutions
Independent Media: Ensure the independence of the media to act as a watchdog against government excesses and corruption.
Civil Society Organizations: Support and protect civil society organizations that play a critical role in advocating for citizens’ rights and holding the government accountable.