What is an Ordinance and what happens to it?
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Answer / manju
ordinance is a law issued by governor or president
when the parliament is not in session.
it will have the same bearing as a law issued by
parliament and has to be passed by both houses of the
parliament within 6 months from the reassembly of
parliament for it to continue as law. if not passed by
parliament within such time will cease to be a law.
| Is This Answer Correct ? | 155 Yes | 42 No |
Answer / vikram sahasrabudhe
Both the earlier answers given to this question are wrong,
though no malice is intended.
1) Ordinance simply put is a law made by the executive. In
a democracy like India wherein the principle of seperation
of powers, it is the prerogative of the legislature to make
laws. However if the parliament is not in session and when
such extra-ordinary unforeseen and emergent circumstances
exist wherein the legislation can't wait, then the
President is empowered under the article 123 to legislate
by promulgating ordinances. Ordinances carry the full force
of a law similar to one made by the legislature which also
implies that it has similar limitations like ordinary laws
i.e an ordinance is null and void if it violates
fundamental rights etc. POTO ( Prevention of Terrorism
Ordinance ) which later became POTA ( Prevention of
Terrorism Act ) when the Parliament approved it in a joint
sitting, was an example of an Ordinance.
2) The second answer is a very closer one infact but the
mistake being its not six months , rather its six weeks.
| Is This Answer Correct ? | 101 Yes | 21 No |
Answer / tigin kalistus
Article 123 of the constitution of India says about Power of President to promulgate Ordinances during recess of Parliament
(1) 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 Ordinance as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance
(a) shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President.
Explanation- Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause
(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.
| Is This Answer Correct ? | 42 Yes | 8 No |
Answer / d. revathy
every one thinks that ordinance happens during the
emergency circumstances but the exact answer is, it happens
when the parliament session is not in position or when the
parliament is not abide by the rules and rugulation, the
president or The Governor is empowered to make ordinance...
| Is This Answer Correct ? | 27 Yes | 13 No |
Answer / rakesh sampat
An Ordinance is a kick on the backside of the common man and
voter by the elected representatives of the very same people
who once elected, seem to know what's good for the common
man more than the common man himself. It's also the act
where once the common elects the peoples representative he
loses his voice & freedom and the elected representative
get's a magic wish wand and immunity from all things and
instead of man in service of the people, become the king and
rules according to his wish, whim's and fancies.
| Is This Answer Correct ? | 12 Yes | 13 No |
Answer / virender
Vikram sahasrabudhe is correct
please remove debdeep dey's answer from this please followed
by mine.
| Is This Answer Correct ? | 11 Yes | 18 No |
Answer / praveen sharma
ordinance is passed by president if governor give the
information that the state machenary is not ruled by the
law and order itis a kind of law which governed during the
failure of government machinary
| Is This Answer Correct ? | 37 Yes | 69 No |
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