Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
3. While ordinances can serve a purpose in certain exceptional circumstances, they should not become a routine substitute for the legislative process. Analyse. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
On May 19, 2023, the President of India exercised legislative power under Article 123 of the Constitution, during the period Parliament was in recess, to promulgate The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 (Ordinance). The ordinance negates a Constitution Bench judgment of the Supreme Court of India, which was delivered on May 11, that brought “services” under the Government of National Capital Territory of Delhi (NCTD).
Key Demand of the question:
To write about the rationale behind extension of ordinance making power of the executives in our country and how this power has been often misused, its impact.
Directive word:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary.
Structure of the answer:
Introduction:
Start the answer by citing article 123 of the constitution.
Body:
First, write about the rationale and need behind ordinances in the country.
Next, 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.
Next, write about the negative impact of ordinance raj and ways to prevent it.
Conclusion:
Conclude by writing a way forward.
