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An Analysis of the Power to Issue Ordinance in India
Statute Law Review Pub Date : 2019-10-18 , DOI: 10.1093/slr/hmz020
Chandrasekaran Mridul Bhardwaj 1
Affiliation  

Ordinances making power is one of the most controversial powers that has been vested with executive in India. This power is a substitute of legislative power of the legislature and is meant to be used only in situations comprising of exigencies. However, in practicality this power has often been misused by the executive, and is used to circumvent the legislative process. Due the misuse of this power, it is imperative to examine its history and scope. The power to make ordinance have been a reminiscent of the British rule in India. It was conceptualized through the various Government of India acts, and then post-independence it was adopted under the Indian Constitution. Though the present form of ordinance making power is much more curtailed when compared to the British era, still it leaves ample discretion at the hand of executive to use it erroneously for political gains.

中文翻译:

印度颁布法令的权力分析

制定法令的权力是印度行政部门最具争议的权力之一。该权力是立法机关立法权力的替代品,旨在仅在紧急情况下使用。然而,在实践中,这种权力经常被行政部门滥用,并被用来规避立法程序。由于滥用这种权力,必须检查其历史和范围。制定法令的权力让人想起英国在印度的统治。它是通过印度政府的各种法案概念化的,然后在独立后根据印度宪法通过。尽管与不列颠时代相比,现行的法令制定权力形式要少得多,
更新日期:2019-10-18
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