Samrudh Kopparam (O. P. Jindal Global University, Jindal Global Law School (JGLS)) has posted Problematisation of the ‘Ordinance’ Raj: A Reflection on the Effect, Consequence, and Misuse of Article 123 on SSRN. Here is the abstract:
In contemporaneous times, the controversial power of ordinance-making conferred to the Executive has been misused to become a forum for parallel legislation by circumventing the parliamentarian legislative apparatus. At the heart of this affair, Article 123 of the Indian Constitution creates a species of ‘Presidential legislation’ by conferring gubernatorial ordinance-making power. Article 123 empowers the President to promulgate ordinances when both houses of the parliament are not in session, and the President is satisfied that the emergent circumstance requires him to take ‘immediate action.’ Against this backdrop, the article reflects on what the law—Article 123—has become in contra to what it ‘ought’ to be and critiques the provision by scaling the dilemma of competing interests.
