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.
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| 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.
 |
| 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.
 |
| 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.
 |
| 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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