ORDINANCE - POLITY

News: Issue ordinance for MSP guarantee, then continue talks, farmers tell Centre

 

What's in the news?

       Recently, the farmers in Punjab and Haryana asked the Union government to bring an ordinance for a legal guarantee of Minimum Support Price (MSP) on crops.

 

Ordinance:

       An ordinance is any law promulgated by the President when the Indian parliament is not in session.

       These ordinances have the same legal force and effect as an Act of Parliament, but they are only temporary in nature.

 

Ordinance Making Power of President:

·         Article 123 grants the President certain law-making powers, including the authority to issue ordinances during Parliament’s recess and hence it is not possible to enact laws in the Parliament.

·         Following limitations exist with regards to the president’s ordinance making powers:

·         When one or either of the two Houses of Parliament is not in session, the President may promulgate an Ordinance.

·         The President cannot issue an Ordinance unless he is satisfied that the situation necessitates ‘immediate action.’

·         The President’s authority to issue ordinances is justiciable if intentions are proved mala fide.

 

Ordinance Making Power of Governor:

·         Article 213 states that the Governor of the state may issue ordinances when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session.

 

Features of the Ordinance:

     An ordinance can be retrospective, which means that it can be enacted prior to its approval.

     An ordinance passed while Parliament is in session is deemed null and void.

     To stay a law, the Ordinance must be approved by Parliament within six weeks of its reassembly.

       Its existence is terminated if the parliament does not act within six weeks of its reassembly.

     Acts, laws, and events that occurred as a result of the ordinance remain in effect until it expires.

     Ordinance promulgation cannot be regarded as a substitute for the President’s legislative authority.

     Ordinances can only be passed on subjects where the Indian Parliament has the authority to pass laws.

     Ordinances cannot be used to revoke the fundamental rights of the citizens guaranteed by the Indian Constitution.

     The ordinance would also be declared null and void if both houses passed a resolution opposing it.