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3)The ordinance making power of the legislature should be used sparingly and with due respect to the constitution. Discuss.(250 words) 

Topic: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

3)The ordinance making power of the legislature should be used sparingly and with due respect to the constitution. Discuss.(250 words) 

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Why this question

Recently the Parliament promulgated 3 ordinances and it is a known fact that the state and the central govt have been resorting to indiscriminate use of ordinances, without any regard for the constitutional ethos. The question is related to GS 2 syllabus under the following heading-

Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Key demand of the question

The question simply wants us to discuss, why ordinances should not be promulgated frequently and what are its implications.

Directive word

Discuss- We have to write in detail about the cons of resorting to ordinance route frequently by the central and state governments.

Structure of the answer

Introduction– Mention article 123, 213; and some recent ordinances promulgated by the legislature. e.g Criminal Law (Amendment) Ordinance, 2018, Fugitive Economic Offenders Ordinance, 2018 etc.

Body

  1. Discuss in points, why ordinances should be promulgated only rarely.

e.g- it is against the constitutional scheme of responsibility of the executive towards the legislature, it is opposed to two core tenets of the rule of law- stability and consistency, absence of Parliamentary scrutiny and feedback,  ordinances passed in haste are often ill-designed etc.

  1. Discuss in points the need to promulgate ordinances. e.g when parliament is not in session, during emergency, in cases where immediate action is necessary etc.

Conclusion– Give a fair and concise opinion on the need and desirability of ordinance making power of the legislature and mention the SC judgements i.e C Wadhwa v State of Bihar (1987)and Krishna Kumar Singh v State of Bihar (2017).