“The misuse of ordinance powers reflects executive overreach and undermines legislative processes”. Examine the constitutional safeguards against arbitrary ordinance promulgation. How has the judiciary responded to such misuse?

Topic: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these

Q3. “The misuse of ordinance powers reflects executive overreach and undermines legislative processes”. Examine the constitutional safeguards against arbitrary ordinance promulgation. How has the judiciary responded to such misuse? (10 M)

Difficulty Level: Medium

Reference: TH

Why the question:
SC questions U.P.’s use of ordinance to take control of Banke Bihari temple

Key Demand of the question:
The answer must examine constitutional provisions and mechanisms that restrict arbitrary use of ordinance powers, and critically assess how the judiciary has interpreted and acted against such misuse through key verdicts.

Structure of the Answer:

Introduction
Briefly highlight the ordinance as a constitutional emergency provision prone to misuse when checks are weak.

Body

• Safeguards against arbitrary ordinances – Mention provisions like Articles 123/213, temporal limits, and procedural requirements.
• Judicial response to misuse – Refer to landmark cases like D.C. Wadhwa and Krishna Kumar Singh that laid down binding interpretations.

Conclusion
Conclude by stressing the need for judicial vigilance and political responsibility to preserve constitutional order.