SOME FACTS ABOUT AN ORDINANCE 1) The President acts on the advice of councile of ministers. So, it is the goverment that takes the decision to issue an ordinance. After the cabinet decides to issue an ordinance, it is sent to president. The president may return the ordinance once ,if he feels that it requires consideration but has to promulgate if it is sent back to him after reconsideration. 2)An ordinance remains valid for 6 weeks from the when the next session starts. If the two houses start their sessions on different dates, the later of the dates will be considered.The ordinance may lapse earlier if the president withdraws it or if both the houses pass resolutions disapproving it. 3)If the goverment wants to re-promulgate an ordinance, it should be brought to the legislature. 4)The goverment can promulgate an ordinance which is similar to a bill that is pending in parliament. for example, the national food security ordinance was issued in 2013, when the related bill was pending in loksabha. 5)Most democracies dont have a similar concept.The practice in case of an emergent situation is to call an emergency session of the legislature. The concept of ordinance emerged in Goverment of India Act 1935 in which the governer was given such powers. Similar provisions are available in the constitution of Pakistan and Bangladesh.
Posted on: Thu, 01 Jan 2015 05:15:06 +0000