Ordinance

June 8, 2024

An ordinance in India refers to a legislative instrument issued by the President of India or the Governor of a state under the authority of the Constitution when Parliament or the State Legislature is not in session. Ordinances have the same force and effect as laws enacted by the legislature but are temporary measures used to address urgent or emergent situations that require immediate action when the legislature is not in session. Ordinances are subject to the same constitutional principles, procedures, and limitations as legislative enactments, including the requirement of promulgation, publication, and approval by the President or Governor. They must be laid before the respective legislature for approval within a specified period, typically during the next session, failing which they cease to operate. Ordinances are often used to promulgate laws on matters such as taxation, public order, land acquisition, and administrative changes when expediency dictates swift action. While ordinances provide a mechanism for responsive governance, they are subject to scrutiny for compliance with constitutional provisions and principles of democratic accountability, ensuring that executive powers are exercised judiciously and within the framework of the law.

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