Since coming to
power in May 2014, NDA government led by Prime Minister Narendra Modi has seen
frequent promulgation of ordinances. So far NDA government has brought out nine
ordinances which includes coal mines ordinance, ordinance for increase in the
foreign investment ceiling in insurance sector, ordinance to amend land
acquisition laws, ordinance for amending Mines Act and others.
According to
article 123 of the Constitution of India, the President is empowered to
promulgate an ordinance when the Parliament is not in session and if he is
satisfied that circumstances exist which render it necessary for him to take
immediate action.
On the one hand, it
is argued that promulgation of ordinances is necessary to overcome the policy
paralysis that is being witnessed in the either House of Parliament in recent
past. This will help in attracting foreign investors to invest in sectors like
infrastructure and technology. This in turn will aid the economic growth which
has come to standstill in last five years.
On Other hand, it
is argued that promulgation of ordinances is a threat to parliamentary democracy
wherein the elected representatives of the peoples discuss and debate various
legislations. This process ensures that the enacted legislation becomes a will
of the people. However, choosing the alternative procedure or short cut may
pose threat to the constitutional procedure of passing bill in long run.
Thus it is
imperative that norms of parliamentary democracy, which has largely been
successful since last 60 years, are not given a pass by so as to fast pace the
developmental process. Ultimately what’s matter is will of the people and that
only can ensure equitable and participative development which is the need of
the hour in Indian social-economic-political milieu.
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