Comment on the nature of Ordinance-making power of the President of India. What are the safeguards against their possible misuse?
(Civil Services Exam- 2001, 150 words)
The power to promulgate Ordinances by the President is mentioned in Article 123 of Indian Constitution. President can promulgate an Ordinance in case he is convinced that it is not possible to have the parliament enact on same subject immediately and the circumstance render it necessary for him to take immediate action.
Since it’s the prerogative of the Legislature and not the Executive to make the laws, and in case of Ordinance the Executive i.e. formulates the law, thus it is essential to have safeguards against its possible misuse.
There are safeguards which are explicitly mentioned in the constitution for the possible misuse of this. Firstly, the President can promulgate Ordinances only on the aid and advice of the council of ministers. Secondly parliament has the power to pass resolution disapproving the provisions of the ordinances. Thirdly, the ordinance automatically expires within six weeks of the reassembly of the houses of the parliament unless passed in the houses.