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Promulgation of Ordinances and Abuse of Provisions

Under the constitution of India the task of making laws rests with the legislature of the country. But there are times when the two houses of the legislature namely L.S. and the R.S. are not in session as the Indian Parliament follows a particular schedule of sessions which is as follows:

There are three sessions in total during which the houses work and carry out the tasks involved in law-making.
  1. The Budget Session held between February and May is the longest and busiest session
  2. The Monsoon Session held between July and August
  3. The Winter Session held between November and December and this in turn is the shortest session.
If we consider this schedule of sessions of the Parliament it is clear that there are considerable periods of time when the houses are not in session. So, here arises a question that who takes care of the legislative processes of the country during these time periods. The answer to this question lies in the provision dealing with the power of President to promulgate an Ordinance given in the Constitution [1]

About Ordinance

An ordinance is an executive order issued by the President of India that holds the same force and effect as an Act passed by the Parliament. This step is taken by the President when both or either of the houses is not in session due to break and there is an urgent requirement of a law to be passed on an important issue concerning public interest. This is done by the President on the aid and advice of the Cabinet of Ministers headed by the Prime Minister.[2][3]

As we all know very well that our constitution is a bag of borrowings as its different provisions are taken from different constitutions, legal systems and statutes molding them in a way to suit the needs and aspirations of our country. The one country which most affected the Indian Constitution is Britain because of India being its colony for more than 200 years. The provision of ordinance promulgation is no different and has been taken from the Govt. of India Act 1935. This provision is talked about under chapter IV of this Act which deals with Legislative Powers of the Governor-General. Section 42 and 43 of the said chapter explain the power of promulgating ordinance during recess of the Federal Legislature.

The explanation of section 42 and 43 of Govt. of India act is as follows:

Legislative Powers Of Governor-General:

Section 42 and 43[4] - This section provided that when the Federal Legislature is not in session and the governor general deems it necessary considering the circumstances concerning a particular important issue which need immediate action may promulgate an ordinance.

There are two inherent conditions while exercising this power by the Governor-General:
  1. The provisions of the ordinance must be such that which need prior sanction of the Governor-General for introduction in Legislature.
  2. The Governor-General shall not pass any ordinance without the instructions of His Majesty such that would require his signification

The ordinance would have the same effect as an Act of the Legislature assented to by the Governor- General but such ordinance may lose its impact when-
  1. A period of six weeks expires after the reassembly of the Legislature
  2. The Legislature before the expiration of six weeks passes resolution dissolving the ordinance
  3. His Majesty uses his discretion to disallow the ordinance
  4. The ordinance which contains provisions such that the Federal Legislature is not competent to pass is void.
  5. Can by withdrawn at any time by the Governor-General

Some more provisions relating to ordinance promulgation are talked about in Section 43 of the same Act:
  1. An ordinance promulgated shall function for such period as specified in it but shall not exceed 6 months. There can be an extension in this period by another 6 months through a subsequent ordinance.
     
  2. If it is an ordinance extending the period of a previous ordinance it must be communicated to the secretary of the state who would lay it before the houses for their consent
     
  3. The Governor-General while performing his duties under this section shall do so with his own prudent discretion.
Section 44[5] of the said Act also talks about provisions relating to ordinance like such ordinances being called the Governor-General’s Act and its approval and amendment by the Federal Legislature.

Role Of Constituent Assembly

After the British Rule warded off the work of the Constituent assembly, that was vested with the task of framing the Constitution of the country propelled. The proceedings in the constituent assembly were fully democratic as different opinions on different provisions were welcome and then deliberated upon through discussions and reasoned debates. The assembly started on around May 1947 and since then the points related to ordinance such as its duration, procedure and also possibilities of misuse and re promulgation at different times.

There were voices both in favor of the provision in the assembly. The voices in favor of the view that this provision would help the nation in driving out from unprecedented situations of emergency and immediate action requirement and the voices against the provision said that this provision as for the British is a tool in the hands of the executive to promulgate unnecessary legislation which could be sometimes repressive for the people or citizens.

It was only after prolonged debate and discussion that this provision was made a part of the constitution and after taking all the possible care to see that the provision is not used for covert and facilitating tool to the Govt. aid to skip the legislative mandate for implementing a provision which aid its functioning. This could turn the legislative set up into a monarchical or dictatorial set up.[6]

Procedure Of Promulgation

So after going through some of the debates and discussion of the Constituent Assembly we come to understand the fact that there was no one voice in the constitution makers in reference to the power of the President to promulgate an ordinance and this provision also faced a lot of opposition in the assembly. Therefore it was only after a long debate and reasoned discussion that ordinance promulgation power of the President was adopted by the drafters in the Constitution of India under article 123 which explains the rules, requirements and conditions under which an ordinance is drafted.

The first thing in the provision is that the President can promulgate an ordinance when both or either of the houses are not in session and he is convinced and thinks that there is a matter or issue pertaining to which immediate action is required. This normally happens in the duration between the Parliamentary sessions and also when either of the houses is unable to conduct proceedings due to disruptions like walk-outs and demonstrations against a bill in or outside the house by the opposition party.

According to Pandit H.N. Kunzru who was a part of the Constituent Assembly the purpose of an ordinance is to deal with situations of emergency in the country which necessitate immediate action. This one of the most important Legislative powers bestowed to the President.

An ordinance is promulgated by the President after taking aid and advice of the Council of Ministers and sometimes even the Judiciary regarding legal implications of the provisions included.

An ordinance so promulgated by the President shall have the same effect as a legislation passed by the legislature in ordinary course of action.

There are two important conditions in this regard:
  1. The issue on which the ordinance has been made shall be such in which the union legislature is competent or has the power to make the laws.
     
  2. The issue involved must have the same limitation on the union legislature with reference to the federal distribution of the matters in the different lists. In other words, the matter on which the president is making the legislation must be under the ambit of the Union or Concurrent list.
  • The promulgation of an ordinance by the President must be conveyed to the general public through a notification invoked in the name of the President as soon as possible after his assent to the ordinance.
  • Such ordinance promulgated by the President and so notified to the general public is valid and will have effect for six months which is the longest time duration when the Houses of the Parliament may not be in session.
  • As soon as the Parliament comes in session a period of additional six weeks or 42 days is allowed to the houses to take decision regarding the ordinance so promulgated. After this period the ordinance will cease in effect. The ordinance can also be declared void before the expiration of the 6 weeks duration if the houses vote against on meeting in the session.
  • If the houses are in favor of the ordinance then the said ordinance can be converted into a bill which can be debated upon to be converted into a law within the given time period of six weeks.
  • The power of ordinance making in the states is given to the Governor with provision relating to it are same such as immediate action and the 6 week time for conversion into a law. All provisions pertaining to functions of the Houses are followed by the State Legislature.[7]

Is Re-Promulgation Possible?

There has been a long standing debate on the validity of Repromulgation of an ordinance by way of notification in the name of President extending the validity of an ordinance by another six months. A simple answer to the question of such validity is a No.

The Supreme has many times faced this issue by way of many petitions and cases wherein it has invalidated Repromulgation of Ordinance by way of notifications and clarified that this provisions is one of the important emergency provisions and cannot be taken as a normal provision and needs special treatment. It is also considered to be a subordinate legislation of temporary nature which needs the validation of the Legislature. So, we now know the only way in which an ordinance can be validated is by converting it into a law if the houses are in favor of the ordinance so promulgated[8]

Conversion Of Ordinance Into Act

When the normal proceedings of the Parliament are normalized and both the houses come in session after the recess they have to vote in favor of or against the ordinance. If the houses vote in favor of the ordinance then also it does not automatically become an act. It is first converted into a bill which is discussed and voted upon as in the normal proceedings with the three readings. It is only after both the houses assent to the bill that it becomes an act.

But there may be conditions wherein one of the houses does not approve the bill or members abstain from voting. In this situation a joint session is summoned by the President to vote upon the matter. But according to trends it is seen that joint sessions are avoided in case of an ordinance in issue as the Govt. does not want to argue with the opposition in matters of ordinance.

Case Laws Here in the section two important cases against Repromulgation of ordinances are discussed in brief along with different opinions of the court:
D.C. Wadhwa V. SoB.[9] The State of Bihar adopted a practice of re-promulgating the ordinances on a massive scale from time to time without their provisions being enacted into acts of the legislature. The practice was that, after the session of the State Legislature was prorogued, the same ordinances which had ceased to operate were re-promulgated containing substantially the same provisions almost in a routine manner. This practice was challenged by D.C. Wadhwa as against the constitutional provisions and against the condition of approval of Legislature after the fixed period of six months.

It was held that large-scale Repromulgation of same ordinance repeatedly in a routine manner amounts to usurpation of legislative function by the executive, colorable exercise of power and a fraud on constitutional provisions. This practice was therefore held unconstitutional along with the specific ordinances in dispute. A constitutional authority cannot indirectly do what it is not allowed to do directly.

Krishna Kumar Singh V .SoB.[10] The honorable in its majority opinion stated that re-promulgation of ordinance is constitutionally impermissible as it represents an effort to overreach the legislative body which is the primary source of law-making in a parliamentary democracy. Repromulgation defeats the constitutional scheme under which a limited power to issue ordinances is conferred to the President and the governors

So, we can clearly see that this emergency provision is very much abused by way of re-promulgating or extending the tenure of ordinances again and again. In this conflict between the two branches of the Govt.- Legislature and Executive the third branch, Judiciary comes as a resolver by way of interpreting the constitutional provisions.

Shortcomings of The Provision And Procedure

Through the above stated cases we come to know that the ordinance promulgation provision and procedure is not without its problems. As is with other provisions in the Constitution there are certain problems of this provision as well. The intention behind the provision was clear and positive if we look at the debates of the constituent assembly which was to take care of emergency situations in the country in the absence of the legislature in its proper functioning through the entity of the President. But in the recent past, there are lot of evidence that this provision has been used for purposes deviated from its actual purpose. Following are the shortcoming of ordinance and the procedure established to promulgate it:
  1. Ordinance is a kind of a Colorable Legislation- It is said that ordinance is kind of a temporary colorable legislation. The literal meaning of Colorable Legislation is that under the color’ or guise’ of power conferred for one particular purpose, the legislature cannot seek to achieve some other purpose which it is otherwise not competent to legislate on. This refers to a situation where an authority which is not competent to do something does that act through some other authority or tool. Ordinance is that one tool through which the Executive is said work as the legislature for a temporary period of time when the original legislature is not available.
     
  2. Increased Frequency of Promulgating Ordinance- another issue with ordinance is that in the recent years it has been a trend of increase in the number of ordinances issued by the President and even more at the state level by the Governor. This is connected one more severe problem in the parliamentary procedures disruptions in the parliament which affects the proper functioning of the legislature. These disruptions are caused because of the heated arguments, walkouts walking to the well and demonstration. During such times the agitated members abstain from voting on matters and also to participate in other procedures of the legislative functioning. So, if there is a situation of immediate action on any important matter, the legislatures are unable to respond in a swift manner. This calls the Executive to take action in such times. During the Govt. of B.J.P. since 2014 till present alone 41 ordinances have been passed at the central level alone. This gives a clear picture of the blatant and excessive use of this provision.
     
  3. Misuse and Repromulgation- As we saw in the above mentioned cases that the ordinances once promulgated for six months stays for that given period of time. But as in Bihar there are instances when the ordinances are re-promulgated for many times to come. For example there was an ordinance related to land reforms executed by the Bihar Govt. which continued to be an ordinance for the next 7 years and never converted into an ordinance. This practice is surely against the constitutional provisions and legislative mandate. Another very gross issue is of the misuse of this provision for fulfilling the Govt. intentions. The provision inherently speaks of the aid and advice of the Council of Ministers which is the Govt. before the promulgation of ordinance. It has been seen that the Govt. makes use of this provision to pass a legislation which the house in normal circumstances is not ready to accept. This happen as when the house goes out of session, the Govt. may take this chance to impose that legislation through an ordinance with the consent of the President. This means that it is able to meet its objective without the consent of the majority in the Houses.
     
  4. Disturbance of the Federal Structure- The provision as we can see is one which is violating the federal structure of the branches of governance and the division of powers among them. There has always been a controversy regarding what are to the powers and functions of the branches. The conflict here is between the legislative and executive functions. Ordinances are sometimes called the subordinate legislations as the power to legislate here is with the executive. But here is where the problem is arising as this provision here is overlooking the federal distribution of powers. The problem here is not the provision but it is the way it is interpreted and misused by the Govt.[11]
Solution: The only solution to the above stated problems is the doctrine of checks and balances. All the branches are equal in the eye of the constitution. This is to say that no one branch is superior or inferior to one another. So the actions of the Govt. in this regard could be tested through a three way check structure.
  1. Judicial committees of the Parliament
  2. Legislative Mandate
  3. The Judiciary
One more factor in this regard is the prudent discretion of the President himself.[12]

The Importance And Merits Of This Provision

It is true that ordinance provision like many other provisions has certain loopholes which need to be corrected but this does not mean that it is not a significant or important provision of the constitution. This can be understood by looking at the purpose of this provision which was to deal with emergency situations and look after issues which need immediate action. It was only due to the thought that there could be a need immediate action during the recess of houses that this provision was included in the Constitution. The merits and importance of the promulgation of ordinance are discussed below.

An ordinance can be issued only when both Houses of Parliament, L.S. and R.S., are not in session. It is meant as a last resort and not a tool to replace the power or functioning of Parliament. Also, ordinances should, generally, be issued only on pressing issues or issues that require immediate consideration that cannot wait for Parliament to assemble and consider the bill. This means that the provision has measure to take care that it is not misused when it talks of Parliamentary mandate but it is only the misuse and Repromulgation which defeats the purpose of this provision and need to be looked after.

Another very important fact is that this provision is meaningless without the discretion of the President is given a lot of importance and this factor included in the provision to keep a check on the covert intentions of the Govt. The president is needed to be convinced that there is a need of immediate actions on issues pertaining to public importance and if the Council of Ministers is not able to convince and gain the assent of the President it would not be able to promulgate any ordinance.

Another very important condition to promulgate an ordinance is the fact that the issue on which the ordinance is proposed to be promulgated must be such that need immediate action. In other word it should a situation which of emergency under which immediate action is necessitated. So, this bring us to the conjecture that there are clauses in the provision which provide for keeping a check on the negative imposition of ordinances and it is only the loopholes and problems of misuse and Repromulgation that are needed to be checked.[13]

So from the discussion above we can understand how important is the provision of ordinance and it promulgation in the constitution. It is a much debated and deliberated upon, topic in the constituent assembly. So it is not to be done away with but it certainly need some improvement and there is much scope for it to be done.

Status Quo of The Provision In The U.S.A.

There are examples of other countries which make use of this provision to take care of the emergency and tense situations by way of promulgating ordinances. However, there are certain differences in the way this provision is interpreted and used. In this section we would try and analyze the situation in U.S.A so that we get some idea of what the differences can be. Then talking about the American situation the first difference is that ordinances there are not promulgated at national level but at the county or municipal level. The one reason for could follow is the unitary division of powers wherein the states are having the power and independence to take their own decisions and are not influenced by the happening or intervention of the center much.

Definition of Ordinance In Usa

An ordinance is the tem used for a law passed by a local authority or a political subdivision like a town, city, village or a county and may address a wide scope of local issue from local governance system to speed limits and sign board. And the procedure of how the ordinance is to be promulgated is determined by the local laws and state laws individually. This is a clear indication of minimal intervention of the center. A local politician initiates an ordinance by his own will or due to concerns of the citizen of that area.

This idea is then drafted into a proposal and then moved between city councils and different board responsible for the city administration. Before the enactment of any ordinance the proposal is read several times and also there are public hearings just to know whether the people are in favor of the ordinance or not. The last step in this process is voting and in some consent of the mayor.[14] =

The following diagram will help us know the procedure of promulgation of ordinance in U.S.A. more closely.
The two major differences which can be seen here are:
There is a need of proper consensus between the city council and the various boards along with the consent of the city mayor for an ordinance to be passed. Along with this there is a greater public participation and involvement in the process which is not seen in the Indian context. There is no provision of ordinance in the U.K. and it was only in its colonies that the rulers used for efficient and un-resisted rule.

Opinions And Comments About Ordinance

The topic talked about in this project is one of the majorly talked about issue in the legal and legislative field. The fact that the provision is misused by the Govt. to pass the legislation, which is not approved by the Houses, in the normal proceeding indicates that there needs to be a lot of improvement in the provision. This topic has attracted many writings by scholars in which they critically analyze judgments and provision. But there are also some writings which come forward as a support of the provision. Here in this section we would analyze the different perspectives in which an ordinance is placed in the scholarly groups.
  1. The S.C. and executive law-making: the afterlife of failed ordinances in Krishna Kumar Singh II by Gaurav Mukharjee [15]
    In this paper the author critically analyzes the Krishna Kumar Singh V. State of Bihar on three grounds.
    · The conditions lay down by the honorable court with regard to a valid promulgation of ordinances.
    · The survival of actions under failed ordinances which means even after the ordinance has lapsed its provision and purpose are still being carried out.
    · The importance given to executive satisfaction over the necessity to promulgate ordinance.
    · Also the legality of re promulgating an ordinance.
    The author suggests that the honorable court has not been able to narrow down and clear out its intentions in these four respects and also the grounds of judicial review of ordinance are vague which has not been able to prevent the abuse of the power.
     
  2. Krishna Kumar II: laying re-promulgations to rest?- by Sunjoy Chatterjee[16]
    This paper is intended to analyze the implications of the judgment in the case of Krishna Kumar Singh on the situation of re promulgation of ordinances and the change in the situation, if any. According to the author the situation has not actually changed and also opined that the present judicial system and its decisions are not able to curb the executive tendency to re promulgate an ordinance.
     
  3. The procedure of the promulgation of ordinances is inherently undemocratic. Whether an ordinance is justifiable or not, the issue of a large number of ordinances has, psychologically, a bad effect- by Utpal Sanyashi [17]
    In this article the author has tried to first bring out the positive side of the provision by talking about TRAI ordinance of 1997 which was to raise investments by private industries but also talked of the trend of executive or political consideration before promulgating an ordinance and then talks of restraining the power in some respects to curb misuse.
     
  4. Insights into Editorial: Rolling back Ordinance Raj by Insights[18]
    According to the author the practice of re-promulgating ordinances again and again without bringing it in front of the legislature is unacceptable and turns into Ordinance Raj which in all defeats the purpose and spirit of this provision and is also a violation of the constitutional purpose.
     
  5. Repromulgation of Ordinance A Tool for Weaker Coalitions by Anita Joshua [19]
    According to the author it is ironically true that the practice of re-promulgating an ordinance became much more frequent after the honorable S.C. in 1986 observed that re-promulgation of ordinances is unconstitutional in the D.C. Wadhwa case against the Bihar Govt.’ s continuous Repromulgation practice. According to the author this practice becomes even more frequent when the Govt. is in the power at central level.
Conclusion
This whole project was intended to know in deep and enrich my own knowledge on the current scenario of the ordinance provision in our country. There are for long speculations that the Govt. at both center and in the states have delved into the practice of re-promulgating ordinance after the expiration of the period of 6 months without putting it before the parliamentary houses for their consent to the ordinance so that it has become a tool in the hand of the Govt. to skip the legislative mandate which was clearly not the intention of the Constitution framers while adopting this provision.

It was clearly meant to deal with the emergency situations and immediate actions needed as clarified by the Honorable S.C. in various cases that it is an emergency provision wrongly used by the Govt. It is surely an important provision and also has the necessary steps to ensure that the provision is not misused like judicial review, review by the parliamentary committees and discretion of the President etc.

The one question that I came across this project is that should the provision be the way it is formulated as when we look at other countries they do not have any such provision. For instance if we take the example of U.S.A. it is seen that there is a whole procedure of reviews by county boards and committees and even the vote of public before an ordinance is promulgated. If we take the example of U.K. we see there is no such provision and it was only used to maintain stringent control in the colonies during colonial rule.

One more thing is that the use of ordinance is rampant due to prolonged recess period of the houses and also the frequent disruptions of the proceedings of the houses of the Parliament. The recess period can be reduced and the disruptions controlled to check the use and misuse of ordinances both at central and state levels.

Therefore, it is not the provision actually which needs to be checked but the procedures involved in using it to ensure that it is not used for the wrong and covert intentions of the Govt.s. This can be done through the prudence of the President and the vigilance of the Judiciary and also the will of the public.

Bibliography
Websites:
  • Competitive Exams: Political Science Study Material Sessions of the Parliament Examrace https://www.examrace.com/Study-Material/Political-Science/Sessions-of-the-Parliament.html accessed 9 October 2018.
  • Shreya Singh, Ordinances Promulgated during Different Lok Sabhas  (2014) P.R.S. Blog http://www.prsindia.org/theprsblog/?tag=ordinance accessed 9 October 2018.
  • What is Ordinance ,its Passage and Validity IASKracker https://iaskracker.com/ordinance-passage-validity-other-questions/ accessed 15 October 2018
  • Govt. of India Act 1935, Section 42, 43, 44(1935) UKPGA http://www.legislation.gov.uk/ukpga/1935/2/pdfs/ukpga_19350002_en.pdf accessed 10 October 2018.
  • Ibid.
  • Yash Ghai,  The Role of Constituent Assemblies in Constitution- Making Researchgate https://www.researchgate.net/publication/265188236_The_Role_of_Constituent_Assemblies_in_Constitution_Making accessed on 28 October 2018.
  • Nikita Rangarajan, Ordinances in India Legalservicesindia http://www.legalservicesindia.com/article/1820/Ordinances-in-India.html accessed 15 October 2018.
  • Utkarsh Anand, Re-promulgation of ordinances fraud on Constitution: SC (2017) Indian Express https://indianexpress.com/article/india/re-promulgation-of-ordinances-fraud-on-constitution-sc-4456354/ accessed 12 October 2018
  • Amartya Bag, Ordinance making power of the President of India: A critical outlook (2015) https://blog.ipleaders.in/ordinance-making-power-critical-outlook/ accessed 16 October 2018.
  • Vishal Patil, What are the pros and cons of an ordinance? What changes are required in the present scenario toake it more democratic? (2017) https://www.quora.com/What-are-the-pros-and-cons-of-an-ordinance-What-changes-are-required-in-the-pres8nt-scenario-to-make-it-more-democratic accessed on 25 October 2018.
  • What is Ordinance, its Passage and Validity IASKracker https://iaskracker.com/ordinance-passage-validity-other-questions/ accessed 21 October 2018.
  • A Condensed Look at the Ordinance Process Statescape http://statescape.com/resources/local/ordinance-process.aspx accessed 15 October 2018.
  • Gaurav Mukharjee, The Supreme Court and executive law-making: the afterlife of failed ordinances in Krishna Kumar Singh II (April 2018) https://www.tandfonline.com/doi/abs/10.1080/24730580.2018.1454811 accessed 26 October 2018.
  • Sunjoy Chaterjee, Krishna Kumar II: laying re-promulgations to rest? (April2018) https://www.tandfonline.com/doi/abs/10.1080/24730580.2018.1453738 accessed 26 October 2018.
  • Utpal Sanyashi, The procedure of the promulgation of ordinances is inherently undemocratic. Whether an ordinance is justifiable or not, the issue of a large number of ordinances has, psychologically, a bad effect (2015) http://www.insightsonindia.com/2015/01/06/4-the-procedure-of-the-promulgation-of-ordinances-is-inherently-undemocratic-whether-an-ordinance-is-justifiable-or-not-the-issue-of-a-large-number-of-ordinances-has-psychologically-a-bad-effec/ accessed 26 October 2018 .
  • Insights Into Editorial: Rolling back Ordinance Raj (2017) http://www.insightsonindia.com/2017/01/27/insights-editorial-rolling-back-ordinance-raj/ accessed on 26 October 2018.
  • Anita Joushua, Re-promulgation of Ordinance A Tool for Weaker Coalitions (2016) the hindu https://www.thehindu.com/news/national/repromulgation-of-ordinances-a-tool-for-weaker-coalitions/article7287549.ece accessed on 26 October 2018.

Cases
  • Krishna Kumar Singh v. State of Bihar (2017) 3 SCC 1.
  • D.C. Wadhwa v. State of Bihar (1987) 1 SCC 378.

Statute
  • Government of India Act, 1935

Abbreviations
  • SoB. - State of Bihar
  • L.S. - Lok Sabha
  • R.S. - Rajya Sabha
  • S.C.C. - Supreme Court Cases
  • AIR - All India Reporter
  • S.C. - Supreme Court
  • Govt. - Government

End-Notes:
  1. Competitive Exams: Political Science Study Material Sessions of the Parliament Examrace https://www.examrace.com/Study-Material/Political-Science/Sessions-of-the-Parliament.html accessed 9 October 2018.
  2. Shreya Singh, Ordinances Promulgated during Different Lok Sabhas  (2014) P.R.S. Blog http://www.prsindia.org/theprsblog/?tag=ordinance accessed 9 October 2018.
  3. What is Ordinance ,its Passage and Validity IASKracker https://iaskracker.com/ordinance-passage-validity-other-questions/ accessed 15 October 2018
  4. Govt. of India Act 1935 , Section 42, 43, 44(1935) UKPGA http://www.legislation.gov.uk/ukpga/1935/2/pdfs/ukpga_19350002_en.pdf accessed 10 October 2018.
  5. Ibid.
  6. Yash Ghai, The Role of Constituent Assemblies in Constitution- Making Researchgate https://www.researchgate.net/publication/265188236_The_Role_of_Constituent_Assemblies_in_Constitution_Making accessed on 28 October 2018
  7. Nikita Rangarajan, Ordinances in India Legalservicesindia http://www.legalservicesindia.com/article/1820/Ordinances-in-India.html accessed 15 October 2018.
  8. Utkarsh Anand, Re-promulgation of ordinances fraud on Constitution: SC (2017) Indian Express https://indianexpress.com/article/india/re-promulgation-of-ordinances-fraud-on-constitution-sc-4456354/ accessed 12 October 2018.
  9. Krishna Kumar Singh v. State of Bihar (2017) 3 SCC 1.
  10. D.C. Wadhwa v. State of Bihar (1987) 1 SCC 378.
  11. Amartya Bag, Ordinance making power of the President of India: A critical outlook (2015) https://blog.ipleaders.in/ordinance-making-power-critical-outlook/ accessed 16 October 2018.
  12. Vishal Patil, What are the pros and cons of an ordinance? What changes are required in the present scenario to make it more democratic? (2017) https://www.quora.com/What-are-the-pros-and-cons-of-an-ordinance-What-changes-are-required-in-the-pres8nt-scenario-to-make-it-more-democratic accessed on 25 October 2018.
  13. What is Ordinance ,its Passage and Validity IASKracker https://iaskracker.com/ordinance-passage-validity-other-questions/ accessed 21 October 2018
  14. A Condensed Look at the Ordinance Process Statescape http://statescape.com/resources/local/ordinance-process.aspx accessed 15 October 2018
  15. Gaurav Mukharjee, The Supreme Court and executive law-making: the afterlife of failed ordinances in Krishna Kumar Singh II (April 2018) https://www.tandfonline.com/doi/abs/10.1080/24730580.2018.1454811 accessed 26 October 2018
  16. Sunjoy Chaterjee, Krishna Kumar II: laying re-promulgations to rest? (April2018) https://www.tandfonline.com/doi/abs/10.1080/24730580.2018.1453738 accessed 26 October 2018.
  17. Utpal Sanyashi, The procedure of the promulgation of ordinances is inherently undemocratic. Whether an ordinance is justifiable or not, the issue of a large number of ordinances has, psychologically, a bad effect (2015) http://www.insightsonindia.com/2015/01/06/4-the-procedure-of-the-promulgation-of-ordinances-is-inherently-undemocratic-whether-an-ordinance-is-justifiable-or-not-the-issue-of-a-large-number-of-ordinances-has-psychologically-a-bad-effec/ accessed 26 October 2018
  18. Insights Into Editorial: Rolling back Ordinance Raj (2017) http://www.insightsonindia.com/2017/01/27/insights-editorial-rolling-back-ordinance-raj/ accessed on 26 October 2018.
  19. Anita Joushua, Repromulgation of Ordinance A Tool for Weaker Coalitions (2016) the hindu https://www.thehindu.com/news/national/repromulgation-of-ordinances-a-tool-for-weaker-coalitions/article7287549.ece accessed on 26 October 2018

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