2 Jul 2015

A Spotlight : Ordinances,Indian Constitution, Indian Parliament and the Largest Democracy

The power to make ordinances is an extraordinary device that is enumerated in article 123 of the constitution and is a device that should be used sparingly to deal with such situations when both the houses of the Parliament are not in session. Thus the framers  of the constitution  of India  made it as a device through  which  laws can be made but it  act  as a device  that  is just kept  under the parliamentary  supremacy . Thus Parliament  is the way to make laws for  the union and it should  be fair to adopt  a  system  of passing  of bills  in the Parliament rather  than making  executive  orders. It is the way to make the will of the people high rather than encompassing despotic ways though they are entitled for a few days or to a few months.

Ordinances in Indian Constitution
source (wsj.com)
The Parliament of India is the place to make laws and is represented by the people directly or indirectly. Thus the framers brought such a great power to make laws with the Parliament. Thus as the President  of India  mentioned  that  the government  should  use the device  of the Parliament  to pass the bills because  it can make discussions,  which  is a great  process regarding   the democracy  in India.

The process of passing   a bill in the Parliament of India is a great process.  It is composed of many steps and so it takes a great time to pass a bill in the Parliament. It can make general public to understand  the policies  of  the government  and in the case of the current  government,  it can create  an assessment  regarding  the policy shift from the previous  government. Thus through  proper discussion  within  the public , it can make  public  opinion ,  which  is a great  directive  in a democracy.
Ordinances in Indian Constitution
source (prsindia.org)
The discussion  within  the Parliament  can avail  a situation  in which, the parliamentarians should  be familiar  with  the  governmental  policies. Through discussing it, proper suggestions will be prompted with solutions from the experts and from the opposition too. Such discussions can make  opposition  to understand  the interest of government regarding  such  policies and through  such understanding  the opposition  can discharge  their role fairly.

Ordinances in Indian Constitution
source (frontline.in)
Through such measures from the opposition it can make better discussion within the parliamentarians and   media can explore in a great way. Through such discussions in the Parliament, the government can understand the drawbacks of the proposed legislation. It is the way to determine  the attitude  of  people  regarding  this because , the proposed bill will  have to  go through  five steps  mentioned  in the constitution  and it will take  time. So within  the said period of time, the views of  public  and their attitude  of  the  concerned  bill  should  be expressed  through  various  measures.

Though  the ordinances  must be passed  in both  the houses,  it is sometime  raised as an extension  of the false politics  to achieve  their  ends and it was  revealed  with proclaiming  ordinance regarding  the protection  of  members  of the Parliament in corruption  case and it was deactivated  later due to strong  public opinion. Thus it aroused as a notion within the public to achieve their ends regarding the party politics at certain occasions.

It should be noted that at certain  occasions,  the  attempts  to pass a bill in the Parliament  failed  and the government  later preferred  ordinances  for the legislation  because ,  they want  to achieve  the advantages  of  enacting  laws to achieve  their ends.

Ordinances in Indian Constitution
source (indianexpress.com)
The president  of  India  is the titular  executive post,  though  the stances  of the constitution  make the president  binding  on the  aid and advice proclaimed  by the cabinet ,  such ordinances  can make collisions  between  real and nominal executives.  It may happen when the president is appointed by the opposition party when they were in power and with the new government because of party politics.


The ordinances  should  be passed  when there is a situation  in which , the bills  cannot  be passed  in the Parliament  and sincere  and genuine efforts  from  the government  to pass the bill in the floor of both the houses had been already taken. The ordinance should be used as an extension of the sincere efforts to pass the bill in the Parliament. Passing of the bills in the Parliament can make proper discussions, which is an inevitable pedestal in a democracy rather than despotic ways.

(Written by Vineeth V, an IPS aspirant pursuing graduation in Political Science at Trivandrum, Kerala)







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