Mains Practice Questions

Introduction

Article 123 of the Constitution empowers the President (and Article 213 empowers the Governor) to promulgate ordinances when the Legislature is not in session. The intent is to ensure continuity of governance in urgent and unforeseen circumstances.

• However, recurrent and politically driven use, such as the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, has triggered debate over executive overreach and its impact on parliamentary sovereignty and separation of powers.

Body

Ordinances Undermining Separation of Powers and Parliamentary Accountability:

• Bypassing Legislative Scrutiny: Ordinances often substitute parliamentary debate, reducing legislative oversight and deliberation.
• Distortion of Checks and Balances: The re-promulgation practice struck down in D.C. Wadhwa (1987) and reaffirmed in Krishna Kumar Singh (2017) shows how ordinances can become a parallel law-making mechanism.
• Reduced Parliamentary Accountability: Ordinances take effect immediately, limiting opportunities for questioning ministers or debating policy impacts.
• Erosion of Democratic Norms: Excessive ordinance use concentrates power in the Executive, weakening institutional equilibrium envisaged in the Constitution.

However, Ordinances Have Also Served Constructive Purposes:

• Ensuring Governance Continuity: Enable timely action during parliamentary recesses, economic crises, or emergencies.
• Filling Legislative Gaps: Used to implement urgent reforms like banking regulation, and Triple Talaq abolition measures pending legislative approval.
• Constitutional Validity: In A.K. Roy (1982), the Supreme Court upheld ordinance-making as a legitimate legislative tool if exercised responsibly.

Conclusion

While ordinance-making power is a constitutional necessity for exigencies, its frequent and politically motivated use undermines the principle of separation of powers and the accountability of the Executive to Parliament. Hence, excessive reliance on ordinances weakens the democratic fabric and must be curbed through institutional checks and procedural discipline.