|As the winter session of the parliament concluded on 23rd December, there were several bills that were presented but did not get a positive nod from the oppposition due to frequent adjourments of the Upper House. The Narendra Modi government enjoys a massive majority in the Lok Sabha (LS), but it is no way near the half way mark in Rajya Sabha (RS). It is due to this, that the opposition has been able to roadblock all efforts of the government to bring in the much needed reforms to jumpstart the economic progress of the country.
While the Lok Sabha passed 18 bills against 12 in the last budget session, the Rajya Sabha cleared only 12 items of legislation during this period, reflecting the government's lack of numbers in the upper house.
Now that the winter session is over, the government has resorted to take the 'Ordinance way' so as to implement their reform measures. Major bills like FDI in insurance, Coal Mines (Special Provisions) Bill, and Land Acquisiton Act, 2013 have been cleared by the cabinet. So, how does the ordinance work? What is their timeframe? Let's have a closer look.
What is an Ordinance?
In India, the central and state legislatures are responsible for law making, the central and state governments are responsible for the implementation of laws and the judiciary (Supreme Court, High Courts and lower courts) interprets these laws.
However, there are several overlaps in the functions and powers of the three institutions. For example, the President has certain legislative and judicial functions and the legislature can delegate some of its functions to the executive in the form of subordinate legislation.
Article 123 of the Constitution grants the President certain law making powers to promulgate Ordinances when either of the two Houses of Parliament is not in session and hence it is not possible to enact laws in the Parliament.[i]
An Ordinance may relate to any subject that the Parliament has the power to legislate on. Conversely, it has the same limitations as the Parliament to legislate, given the distribution of powers between the Union, State and Concurrent Lists. Thus, the following limitations exist with regard to the Ordinance making power of the executive:
i. Legislature is not in session: The President can only promulgate an Ordinance when either of the two Houses of Parliament is not in session.
ii. Immediate action is required: The President cannot promulgate an Ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action’.
iii. Parliamentary approval during session: Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate. They will also cease to operate in case resolutions disapproving the Ordinance are passed by both the Houses.
For how long is an ordinance valid?
Six weeks from the date when the next session starts. If the two Houses start their sessions on different dates, the later of the dates will be considered.
Are Ordinances commonly used in India?
Although the Constitution recommends the use of Ordinances in case of emergency, governments have frequently used it to initiate immediate legislatiove action. In 2013, 11 ordinances were promulgated by the President, which has been the highest in the last five years.
How does Re-promulgation of Ordinances work?
Ordinances are only temporary laws as they must be approved by Parliament within six weeks of reassembling or they shall cease to operate. However, governments have promulgated some ordinances multiple times. For example, The Securities Laws (Amendment) Ordinance, 2014 was recently repromulgated for the third time during the term of the 15th Lok Sabha. Repromulgation of Ordinances raises questions about the legislative authority of the Parliament as the highest law making body.
Source: PRS Legislative Research