Ordinance

Subject:Polity

Context:

Cabinet approved ‘The Farming Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020’.

Concept:

• Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws.
• It has been vested in him to deal with unforeseen or urgent matters. But, the exercises of this power is subject to the following four limitations:
• He can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session. Thus, the power of the President to legislate by ordinance is not a parallel power of legislation. He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action.
• In Cooper case, (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide
• His ordinance-making power is coextensive as regards all matters except duration, with the law-making powers of the Parliament. This has two implications: i) An ordinance can be issued only on those subjects on which the Parliament can make laws. ii) An ordinance is subject to the same constitutional limitation as an act of Parliament.
• Every ordinance issued by the President during the recess of Parliament must be laid before both the Houses of Parliament when it reassembles. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the reassembly of Parliament.
• Governor has similar power under Article 213