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Explain the rationale behind extension of ordinance making power of the executives in our country. How has it is been often misused? Discuss with suitable examples.

Topic: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

1. Explain the rationale behind extension of ordinance making power of the executives in our country. How has it is been often misused? Discuss with suitable examples. (250 words)

Reference:  The Hindu

Why the question:

The article throws light upon the ordinance making powers of the executive and its misuse.

Key Demand of the question:

Explain the rationale behind extension of ordinance making power of the executives in our country and with examples explain how this power has been often misused.

Directive:

Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.

Structure of the answer:

Introduction:

Start with what you understand by Ordinance making power of the government.

Body:

The answer body must have the following aspects covered:

Discuss the constitutionality – The Constitution permits the central and State governments to make laws when Parliament (or the State Legislature) is not in session. As law making is a legislative function, this power is provided for urgent requirements, and the law thus made has an automatic expiry date. The Constitution states that the ordinance will lapse at the end of six weeks from the time Parliament (or the State Legislature) next meets.

Explain the issues and concerns associated – the point of promulgation and repromulgation.

Present the court judgments in this aspect to defend your side, explain the concerns in detail with recent examples such as – central government has repromulgated the ordinance that establishes a commission for air quality management in the National Capital Region, or the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020.

Discuss points that prove its unconstitutionality.

Conclusion:

Conclude with solutions.