Examine the effects of the political party system’s development on the distribution of power among the legislative, executive, and judicial branches of government, as well as the discussions surrounding the place of political parties in Indian politics.
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 evolution of the political party system has profoundly affected the power distribution among India's legislative, executive, and judicial branches. Political parties dictate legislative dynamics, with the majority party or coalition setting the legislative agenda and significantly influencing thRead more
The evolution of the political party system has profoundly affected the power distribution among India’s legislative, executive, and judicial branches. Political parties dictate legislative dynamics, with the majority party or coalition setting the legislative agenda and significantly influencing the executive branch by selecting the Prime Minister and cabinet members. This dominance can streamline decision-making but may also create an imbalance, allowing the executive to hold considerable power and potentially diminishing the legislature’s checks and balance’s role. Although independent, the judiciary is not entirely free from political influences. Judicial appointments, especially to higher courts, can be contentious and politically influenced. Nonetheless, the judiciary frequently serves as a counterbalance, ruling on constitutional issues and curbing executive and legislative overreach. The role of political parties in Indian politics is a topic of debate. They are crucial for representing diverse interests, ensuring democratic governance, and facilitating political participation. However, concerns such as prioritizing party loyalty over public interest, corruption, and power centralization within parties are prevalent. The dominance of certain parties can suppress political competition and weaken the opposition’s ability to hold the government accountable.
In summary, India’s political party system has centralized power within the legislative and executive branches, while the judiciary works to preserve its independence and maintain constitutional balance. The discussion on political parties emphasizes their essential role in democracy, alongside challenges that need addressing to ensure effective, transparent governance.
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