Everything about Ordinance

What is an ordinance and who makes it?

  • Article 123 of the Indian Constitution grants the President of India to Promulgate Ordinances when either of the two Houses of the Parliament is not in session which makes it impossible for a single House to pass and enact a law.
  • Ordinances may relate to any subject that the parliament has the power to make law, and would be having same limitations.

When an ordinance can be issued?

  • When legislature is not in session.
  • When immediate action is needed: Here the Supreme Court has clarified that the legislative power to issue ordinances is ‘in the nature of an emergency power’ given to the executive only ‘to meet an emergent situation’.

How parliament exercises control over ordinance making power of President? 

  • The constitution provides two parliamentary checks vis-a-vis the promulgation of ordinance [Art 123(2) (a)]:
  • The power of parliament to pass resolutions disapproving the provisions of the ordinance.
  • The automatic expiry of the ordinance within six weeks of the reassembly of the houses of the parliament unless passed by the parliament; this gives a chance for the parliament to debate on the ordinance and review it accordingly.

Ordinance making powers of the Governor

  • Just as the President of India is constitutionally mandated to issue Ordinances under Article 123, the Governor of a state can issue Ordinances under Article 213, when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session.
  • The powers of the President and the Governor are broadly comparable with respect to Ordinance making.
  • However, the Governor cannot issue an Ordinance without instructions from the President in certain cases where the assent of the President would have been required to pass a similar Bill.

Key debates relating to the Ordinance making powers of the Executive.

  • There has been significant debate surrounding the Ordinance making power of the President (and Governor).
  • Constitutionally, important issues that have been raised include:
  • Judicial review of the Ordinance making powers of the executive;
  • The necessity for ‘immediate action’ while promulgating an Ordinance;
  • And the granting of Ordinance making powers to the executive, given the principle of separation of powers.

Important Cases:

  • In 1970, RC Cooper vs.Union of India Case the Supreme Court, held that the President’s decision on Ordinance could be challenged on the grounds that ‘immediate action’ was not required; and the Ordinance had been passed primarily to by-pass debate and discussion in the legislature.
  • In 1980, AK Roy vs.Union of India case the Court argued that the President’s Ordinance making power is not beyond the scope of judicial review.

What is Article 35A of Constitution: Jammu and Kashmir 

Article 35A

  • Article 35A gives the Jammu and Kashmir legislature the power to define the “permanent residents” of the state and provide them with special rights and privileges.
  • Article 35A offers special privileges to state subjects of J&K in matters related to employment, acquisition of immovable property, settlements and scholarships in relation to Article 370 of the Constitution.
  • The provision bars citizens from other parts of the country from acquiring immovable property in the state, taking up jobs with the state government, availing of state-sponsored scholarships or settling permanently anywhere in the Valley.

WRITS Under Article 32

Literal Meaning

  • Habeas Corpus – to have the body of
  • Mandamus – command/order to do the duty to public official
  • Prohibition – to forbid higher court to lower court – prevent from exceeding the jurisdiction (in between the trial)
  • Certiorari – to be certified – superior court to inferior court to squash the order or transfer the case (at the end of the trial)
  • Quo Warranto – By what warrant – Authority or claim of a person to office

 

Writs – Constitutional Meaning

  • Habeas Corpus 
    • Have the body of
    • Produce the detainee
  • Mandamus 
    • Command
    • Against public authority
    • To have him do duty
  • Prohibition
    • Forbid
    • HC to lower court
    • To stop trail
    • Against judicial and quasi judicial
    • preventive
  • Certiorari
    • Certified
    • HC to lower
    • Transfer or squash judgment
    • Preventive and curative
    • Judicial + quasi judicial + administrative
  • Quo Warranto 
    • Authority or warrant
    • Against state – public authority

WTO- Trade Facilitation Agreement (TFA)

Trade Facilitation Agreement (TFA)

  • Trade Facilitation Agreement (TFA) envisages faster clearances and reduction of red tapism at the borders and would thereby help in the ease of doing business.
  • TFA is bound to change the Indian trade and would bring more transparency in trade process.
  • after TFA ratification, the world wide best trade practices would be shared among the member countries.
  • She said while we have made rapid strides in streamlining our processes on the line of International best practices, in several areas, we need to ensure speedy legislation so that there are visible beneficial outcomes through trade facilitation. member countries would seek to simplify trade procedures and help promote cross border trade, bring greater predictability to traders and help improve the overall climate for trade and investment.
  • TFA is supposed to enable domestic manufacturers, particularly Small and Medium Enterprises, connect more easily to regional and Global Value Chains.
  • TFA contains provisions for expediting the movement, release and clearance of goods, including goods in transit. It also sets-out measures for effective cooperation between customs and other appropriate authorities on trade facilitation and customs compliance issues. Smt. Sitharaman said these objectives of TFA are in consonance with India’s ease of doing business initiative.

United Nations Security Council – UNSC

  • The 15-member Security Council is by far the most powerful arm of the United Nations.
  • It can impose sanctions, as it did against Iran over its nuclear program, and authorize military intervention, as it did against Libya in 2011.
  • Its five permanent members are the victors of World War II: the United States, Britain, China, France and Russia.
  • The other 10 members are elected for two-year terms, with seats set aside for different regions of the world.
  • Efforts to expand the permanent membership of the council to include powers that have emerged since 1945 — such as India, Japan and Germany — have been stymied.
  • For every country that vies for a seat, rivals seek to block it.
  • Any member of the permanent five — or the P5, for short — can veto any measure, and each has regularly used this power to protect either itself or allies.
  • Since 1990, the United States has cast a veto on council resolutions 16 times, many concerning Israeli-Palestinian relations. Russia has done so 13 times, including four times over Syria.
  • The charter does allow the General Assembly to act if, because of a veto, international peace and security are threatened. But in reality, it is rarely done.