In India, the government sometimes needs to make laws quickly, even when Parliament is not in session. This is where an ordinance comes in. An ordinance is a temporary law issued by the President of India (or a state Governor) when there is an urgent need, and the regular law-making process through Parliament or state legislatures cannot be followed due to time constraints. Think of it as an emergency tool to address pressing issues, but it comes with specific rules and limitations.
What is an Ordinance?
An ordinance is like a regular law, but it’s made without the usual process of debates and voting in Parliament or state assemblies. It is issued when:
Parliament (or state legislature) is not in session, meaning lawmakers are not meeting to pass laws.
There is an urgent situation that requires immediate action, such as a natural disaster, economic crisis, or public safety issue.
For example, if a sudden health crisis requires new regulations, but Parliament is on break, the President can issue an ordinance to put those rules in place temporarily.
However, ordinances are not permanent. They have a limited lifespan and must be approved by Parliament (or the state legislature) within a certain time to become a permanent law. If not approved, they expire.
Constitutional Provisions for Ordinances
The power to issue ordinances comes from the Constitution of India, which lays down clear rules to ensure this power is not misused. The relevant articles are:
Article 123: This article gives the President of India the power to issue ordinances at the national level. It states that if both houses of Parliament (Lok Sabha and Rajya Sabha) are not in session, and the President is satisfied that circumstances require immediate action, they can issue an ordinance. The ordinance has the same effect as a law passed by Parliament but is temporary.
Article 213: This article gives similar powers to the Governor of a state to issue ordinances at the state level. Like the President, the Governor can issue an ordinance when the state legislature is not in session, and there is an urgent need for action. The ordinance applies only to matters within the state’s jurisdiction.
How Does an Ordinance Work?
Here’s a simple breakdown of how ordinances function:
Issuing the Ordinance: The President (or Governor) issues the ordinance after consulting with the Council of Ministers, led by the Prime Minister (or Chief Minister in states). The ordinance is published in the official gazette, making it effective immediately.
Temporary Nature: An ordinance is valid for a maximum of six months and six weeks. This period starts from the date the next session of Parliament (or state legislature) begins. Typically, sessions happen within six months, so the ordinance must be presented for approval soon after the session starts.
Approval Process: When Parliament (or the state legislature) reconvenes, the ordinance must be laid before it. Lawmakers can then:
Pass a law to replace the ordinance, making it permanent.
Reject the ordinance, causing it to lapse.
Let it expire by not acting on it within the six-week period after the session begins.
Repromulgation: In rare cases, if the ordinance is not passed as a law and the need persists, the government may reissue (or repromulgate) it. However, the Supreme Court has ruled that frequent repromulgation is unconstitutional, as it bypasses the democratic process of law-making.
Limitations and Checks
The Constitution ensures that ordinances are not misused by placing checks on this power:
Urgency Requirement: The President or Governor must be satisfied that the situation genuinely requires immediate action.
Temporary Duration: The six-month-and-six-week limit ensures ordinances don’t replace regular laws indefinitely.
Judicial Review: Courts, especially the Supreme Court, can review ordinances to check if they were issued for valid reasons or if they violate constitutional principles.
Parliamentary Oversight: Lawmakers have the final say on whether an ordinance becomes a permanent law.
Why Are Ordinances Important?
Ordinances are a critical tool for governance because they allow the government to act swiftly in emergencies. For instance, during the COVID-19 pandemic, ordinances were used to introduce urgent economic and health measures when Parliament could not meet. However, they also raise concerns about democratic accountability, as they bypass the usual legislative process. Balancing urgency with democratic principles is key to understanding their role.
Importance for UPSC and State PCS Exams
The topic of ordinances is highly relevant for UPSC Civil Services and State PCS exams because it falls under the Indian Polity and Governance section, a core component of the syllabus. Aspirants need to understand:
Constitutional Provisions: Articles 123 and 213 are frequently tested in both prelims and mains. Questions may ask about the scope, limitations, or differences between presidential and gubernatorial ordinances.
Current Affairs: Ordinances often make headlines, especially when controversial or repromulgated. Candidates must analyze their implications for federalism, separation of powers, and democratic governance.
Answer Writing: In mains, questions may require explaining the ordinance-making process, its checks and balances, or its impact on legislative accountability. Clear, concise answers with examples (e.g., ordinances during emergencies) score well.
Critical Analysis: Essay or interview questions may ask candidates to evaluate whether ordinances strengthen or undermine democracy, making this a dynamic topic for discussion.
For state PCS exams, understanding Article 213 is particularly important, as it relates to state governance. Candidates may face questions on the Governor’s role or state-specific ordinance issues.
In summary, ordinances are a fascinating aspect of India’s constitutional framework, blending flexibility with accountability. Mastering this topic equips aspirants to tackle questions with clarity and depth.
