Understanding the Ordinance Route for Passing a Bill in Parliament

When circumstances demand immediate action, rather than waiting for the parliamentary session to convene, the President of India can promulgate ordinances. These ordinances, although powerful, are not permanent solutions and require legislative approval from both houses of parliament. Let's delve into the details of this unique legislative pathway.

What Are Ordinances and Why Are They Issued?

In simple terms, ordinances are legislative instruments issued by the President of India.

Ordinances are promulgated when the parliament is not in session. The President can promulgate ordinances if circumstances necessitate them. These ordinances take effect immediately upon promulgation and have the same force and effect as an Act of Parliament.

Key Provisions and Procedures

According to Article 123 of the Indian Constitution:

Article 123(1): Circumstances for Issuing Ordinances

If at any time except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

The issuance of an ordinance is a temporary measure taken to address critical issues that cannot wait until the parliament is up and running. Once in place, these ordinances must be brought to the attention of parliament within a set timeframe.

Article 123(2): Life and Effect of Ordinances

Every ordinance promulgated under Article 123 is subject to specific conditions:

It must be laid before both Houses of Parliament.

It becomes null and void after six weeks if neither House passes a resolution approving it.

However, the ordinance can be withdrawn at any time by the President.

The Legislative Process and Challenges

The process of passing a bill through the parliament involves several steps, and this becomes crucial when ordinances are involved. Here's a simplified overview:

The Bill Passing Process

The introduction of a bill in the parliament.

Discussion and amendment of the bill.

First and second readings in both the Lok Sabha (House of the People) and Rajya Sabha (Council of States).

Voting and approval in both houses.

President's assent to the bill, making it an Act of Parliament.

Challenges and Implications

The process of passing a bill through parliament is rigorous and requires debate, discussion, and approval from multiple stakeholders. Ordinances, on the other hand, are a quicker but not less important method. The key challenges lie in:

The timeframe: Ordinances must be passed within six weeks, adding pressure on parliamentarians.

The necessity for approval: Without proper legislative scrutiny, the effectiveness and transparency of the law can be compromised.

The potential for lapsing: If the parliament fails to act on an ordinance within the specified timeframe, it becomes null and void.

Conclusion

Understanding the ordinance route for passing a bill in parliament is crucial for comprehending the legislative mechanisms in India. While these measures provide a means to address urgent issues, they also highlight the complexities and potential oversight issues in the legislative process. It is essential for both the executive and legislative branches to work in harmony to ensure that laws proposed and enacted serve the greater good of the nation.