TOPIC : GS 2 Separation of Powers between various organs Dispute Redressal Mechanisms and Institutions.
The ordinance route is bad, promulgation worse
Law Making Power under Indian Constitution –
- The constitution provides legislative powers to the Parliament and the state legislatures.
- It provides for a three-fold distribution of legislative subjects between the Centre and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in the Seventh Schedule.
- However, the constitution vests law-making powers in the executive that can be exercised in exceptional circumstances.
- Accordingly Ordinance making power has been provided to both the President and the Governors of the states.
Ordinance making power of the President –
- Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
- Ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws.
Limitations on the power –
- It is not a parallel power of legislation.
- It can only be promulgated when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session.
- Ordinance-making power is coextensive as regards all matters except duration, with the law- making powers of the Parliament.
- The constitution provides that ordinances are required to be approved by parliament within six weeks of the commencement of the next session of parliament.
- If they are not passed within this time frame, they cease to be in force.
- Further, the constitution also states that there should not be a gap of more than six months between two sessions of parliament.
- The President can also withdraw an ordinance at any time. However, his power of ordinance- making is not a discretionary power.
- Constitution cannot be amended by issuing ordinance.
Coopers case (1970)-
- President can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action.
- In this case supreme court ruled that the President’s satisfaction can be questioned in a court on the ground of malafide.
- Thus the intent of proroguing the house should not be to bypass the parliamentary decision and thereby circumventing the authority of the Parliament.
- Thus the President’s satisfaction was made justiciable by the 44th constitutional amendment act of 1978
 Mains Question
One way to minimize the need for Ordinances could be by increasing the number of parliament sittings . Discuss
Prelims Punchers
- Lingaraja Temple
Lingaraja Temple is a Hindu temple dedicated to Shiva and is one of the oldest temples in Bhubaneswar, the capital of the Indian state of Odisha. The temple is the most prominent landmark of Bhubaneswar city and one of the major tourist attractions of the state.
The Lingaraja temple is the largest temple in Bhubaneswar. The central tower of the temple is 180 ft tall. The temple represents the quintessence of the Kalinga architecture and culminating the medieval stages of the architectural tradition at Bhubaneswar. The temple is believed to be built by the kings from the Somavamsi dynasty, with later additions from the Ganga rulers. The temple is built in the Deula style that has four components namely, vimana (structure containing the sanctum), jagamohana (assembly hall), natamandira (festival hall) and bhoga-mandapa (hall of offerings), each increasing in the height to its predecessor. The temple complex has 50 other shrines and is enclosed by a large compound wall.
- Education for All
Education For All (EFA) is a global movement led by UNESCO aiming to meet the learning needs of all children, youth and adults by 2015. It was adopted by The Dakar Framework in April 2000 at the World Education Forum in Senegal, Africa, with the goal in mind that all children would receive primary education by 2015.
Governments, development agencies, civil society, non-government organizations and the media are but some of the partners working toward reaching these goals. The Fast Track Initiative (now called Global Partnership for Education) was set up to implement the EFA movement, aiming at “accelerating progress towards quality universal primary education“.
Sources : https://www.thehindu.com/education/accessible-and-affordable-education-to-all/article33372379.ece
- The Frieswal project
It was conceptualized to develop a crossbred strain of cattle for the country yielding 4000 kg of milk with 4% butter fat in a mature lactation of 300 days. The project is ongoing with Military Farms as they are the largest single source of crossbred cattle with proper pedigree and recording systems, which was suitable for the induction of superior exotic germplasm.
Further by establishing collaboration between Military farms of Ministry of defence and ICAR-CIRC, livestock resources and infrastructure from the Military farms and technical expertise from ICAR, have been brought to a common platform, which helped to utilize Friesian-Sahiwal crossbred as a base for the evolution of a new crossbred national milch breed-Frieswal through inter se mating, selection and progeny testing.
Sources : https://circ.icar.gov.in/division.php?DId=24
- Coral reefs
They are large underwater structures made of skeletons of tiny animals called Corals Polyps .Coral Polyps are soft boded organisms with hard skeleton that live in colonies. When the coral polyps die, they shed their skeleton [known as coral] on which new polyps grow. The rock created by millions of years of accumulation of layers of corals is called reef
The corals occur in different forms and colours, depending upon the nature of salts or constituents they are made of. Corals are found all over the world’s oceans, from the Aleutian Islands off the coast of Alaska to the warm tropical waters of the Caribbean Sea. The biggest coral reefs are found in the clear, shallow waters of the tropics and subtropics. The largest of these coral reef systems is the Great Barrier Reef in Australia, is more than 1,500 miles long (2,400 KM). s
Prelims questions
Qn 1.Consider the following statement with reference Coral Reefs
- Coral Polyps are hard boded organisms with soft skeleton that live in colonies
- The biggest coral reefs are found in the clear, shallow waters of the tropics and equator .
Select the correct statement using code given below.
(a). 1only                                (b) 2 only
(c). Both of them                (d). None of the above
Answer : D
They are large underwater structures made of skeletons of tiny animals called Corals Polyps .Coral Polyps are soft boded organisms with hard skeleton that live in colonies. When the coral polyps die, they shed their skeleton [known as coral] on which new polyps grow. The rock created by millions of years of accumulation of layers of corals is called reef
The corals occur in different forms and colours, depending upon the nature of salts or constituents they are made of. Corals are found all over the world’s oceans, from the Aleutian Islands off the coast of Alaska to the warm tropical waters of the Caribbean Sea. The biggest coral reefs are found in the clear, shallow waters of the tropics and subtropics. The largest of these coral reef systems is the Great Barrier Reef in Australia, is more than 1,500 miles long (2,400 KM). s
Qn 2 Education For All (EFA) is a global movement led by
- UNESCO
- UNDP
- UNICEF
- World economic forum
Answer : A
Education For All (EFA) is a global movement led by UNESCO aiming to meet the learning needs of all children, youth and adults by 2015. It was adopted by The Dakar Framework in April 2000 at the World Education Forum in Senegal, Africa, with the goal in mind that all children would receive primary education by 2015.
Governments, development agencies, civil society, non-government organizations and the media are but some of the partners working toward reaching these goals. The Fast Track Initiative (now called Global Partnership for Education) was set up to implement the EFA movement, aiming at “accelerating progress towards quality universal primary education