Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed?
What the examiner wants
Note why ordinances are allowed, analyse whether the Supreme Court has made them easier, and say whether the power should go.
Demand-wise check
- 1Rationale: Articles 123 and 213 for urgent action when legislature not in session; 'immediate action' needed≈35 words
- 2Concerns: bypassing debate, repeated re-promulgation, use just before sessions (Land Acquisition ordinance thrice, 2014-15)≈35 words
- 3Court's role: A.K. Roy (1982) treated ordinances as law; D.C. Wadhwa (1986) called re-promulgation a 'fraud on the Constitution'; Krishna Kumar Singh (2017) made satisfaction reviewable and laying mandatory - so courts largely restrained, not facilitated≈35 words
- 4Repeal? No - keep for emergencies, but add safeguards: time limits, no re-promulgation, more sitting days≈35 words
Open in about 30 words and close in about 30.
Answer plan
Where marks usually go
- Not answering the 'should it be repealed' part
- Claiming courts encouraged ordinances without noting Wadhwa and Krishna Kumar
Draw this
- Timeline: R.C. Cooper 1970 → 38th/44th Amendments → A.K. Roy 1982 → Wadhwa 1986 → Krishna Kumar 2017
Value addition
- CaseD.C. Wadhwa v State of Bihar (1986): Bihar re-promulgated 256 ordinances (1967-81); the Court held re-promulgation a fraud on the Constitution.Supreme Court, 1986
- CaseKrishna Kumar Singh v State of Bihar (2017): the President's or Governor's satisfaction is open to judicial review and laying before the legislature is mandatory.Supreme Court, 2017
Mapped topper copies
Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.
- Abhishek Singh · Page 15 ↗Reviewed PYQ reference
- Shakti Dubey · AIR 1 · Page 26 ↗Same syllabus reference
Links open original public sources. MainsBuddy does not host these answer sheets.
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