Understanding the Role of Parliament in Passing Ordinances in India

In the context of governance, it is essential to comprehend the role and process of parliamentary approval for ordinances issued by the Government of India (GOI). An ordinance is a temporary law that can be promulgated by the President of India under Article 123 of the Indian Constitution. This article provides a detailed explanation of the process and requirements for passing such ordinances through the two houses of Parliament.

Introduction to Ordinances in India

Ordinances play a crucial role in governance, particularly during periods when the Parliament is not in session. While the President can promulgate an ordinance without seeking parliamentary approval, it is pivotal for the ordinance to be passed by both houses of the Parliament within a specified period to ensure its legal validity and permanence.

Article 123 of the Indian Constitution

According to Article 123, the President of India can promulgate an ordinance when either one or both Houses of Parliament are not in session. However, it is the responsibility of the Parliament to pass the ordinance within six weeks from the commencement of the next session. Failure to do so within this period can result in the ordinance lapsing.

Statutory Requirements for Ordinance Approval

The process of passing an ordinance through parliamentary approval ensures its legal enforceability. Once promulgated, the ordinance must undergo the scrutiny of both the Lok Sabha and the Rajya Sabha, the two houses of the Parliament. If the Parliament passes the ordinance, it is further signed by the President and then becomes an Act.

Special Circumstances and Joint Sessions

Given the current political scenario in India, where the government lacks a majority in the Rajya Sabha, a special provision allows for a joint session of both Houses to pass the ordinance. This is intended to ensure that critical laws are not stalled despite the absence of a majority in Rajya Sabha.

The Process of Promulgation and Passing

The process of promulgation and passing of an ordinance can be summarized as follows:

Proclamation and Approval: The President of India can promulgate an ordinance when either one house or both houses are not in session. The ordinance is then approved by the Parliament within six weeks. Joint Session and Approval: In cases where there is a lack of majority in Rajya Sabha, the President can convene a joint session of both Houses to pass the ordinance. This step is taken to ensure the continuity of government and critical legislative processes. Resolution for Dissolution: If the Parliament disagrees with the ordinance and passes a resolution disapproving it, the ordinance is ultimately dissolved.

The Constitution has provisions in place to ensure that such temporary laws are subject to parliamentary scrutiny and approval within the stipulated time frame. This ensures that the process remains transparent and accountable, providing the necessary checks and balances in governance.

Conclusion

Understanding the role and process of parliamentary approval for ordinances in India is important for all stakeholders involved in governance and lawmaking. By ensuring that ordinances are passed through both Houses of Parliament, the governance framework remains robust and effective, adhering to the principles set forth in the Indian Constitution.