Is it justifiable for incumbent government at the Centre pass an ordinance on a bill when the Parliament is in session and when the bill in question is pending before the House? Does this ‘backdoor’ promulgation of ordinances on important bills bode well for democracy?

An ordiance cannot be passed during the session of parliament, but a pending bill has no effect on the passage of the ordinance.

The ordinance making powers of the president, under Article 123, were formulated with the intention that, when the parliament is not in session and immediate action is required, an ordinance may be resorted to.

Sometimes the immediate action may stem from the fact that impending circumstances require an action, or a logjam in the parliament prevents an important bill. It does not subvert legislative action in the long term as it has to be approved within 6 weeks of the first session of parliament. Although there is a provision for re-promulgation.

But using an ordinance to circumvent the very temple of democracy should not be a frequent occurrence. To prevent this situation, these challenging issues must be hammered out using outside institutions, like the Inter State Council. The Puncchi commission report recommended for the same.

This will ensure the true spirit of the ordinance is adhered to, and a parliamentary session may be put to better use.