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2) Ordinance making power is to be used as a last resort, however in reality it is not so. Discuss the safeguards that are designed to prevent misuse of ordinance making power?(250 words)

Topic – Part of static series under the heading “Ordinance making power”

2) Ordinance making power is to be used as a last resort, however in reality it is not so. Discuss the safeguards that are designed to prevent misuse of ordinance making power?(250 words)

 

Key demand of the question

The question expects us to highlight the reason why our constitution makers granted ordinance making power and how are they being misused. Thereafter, we need to discuss the constitutional and judicial safeguards related to exercise of ordinance making power.

Directive word

Discuss – Here the discussion relating to safeguards also need to mention how effective they have been.

Structure of the answer

Introduction – Explain ordinance making power and highlight some recent ordinances issued which caused controversy – Criminal Laws (Rajasthan Amendment) Bill etc.

Body – Discuss the reason why constitution makers granted this power, and how it has been misused. Discuss the constitutional safeguards like – ordinance to be tabled before parliament etc. Discuss the legal safeguards as given in DC Wadhwa case etc. Examine how successful these safeguards have been.

Conclusion – Mention the need for careful utilisation of ordinance making power.