Hey howdy, welcome back up with ordinance misuse in India. 

Before diving into the topics one ponder on this question. 

who will make laws if the houses of parliament or legislative are not in session? 

To know the solution of it, then,, 

The above question forms our today's Discussion. 

You will discover the following from this segment. 

What is an ordinance?

History of the ordinance? 

When do we use an ordinance? 

At present is ordinance misusing? 

Limitations of ordinance in India. 

How ordinance is passed from independence? 

Significant steps on ordinance making? 

LET'S SEE THE SESSIONS OF THE PARLIAMENT ARE.

There are three sessions in total in a year. In which houses will work and carry out the necessary tasks involved in making for the country. 

1.BUDGET SESSION

The budget session will be from February to May, and it was one of the busiest and longest sessions in all the three sessions we have. 

2.MONSOON SESSION

The monsoon session will begin in July and will be continued up to August.

3.WINTER SESSION

The Winter session starts in November, and it will be continued till December and it was one of the shortest sessions in all three sessions. 

Ordinance

LET'S SEE WHAT IS AN ORDINANCE.

The Ordinance is the temporary laws that are promulgated when. House is not in session. 

The ordinance is temporary laws communicated by the president of India by the recommendations of the union cabinet, which is headed by the prime minister of India according to the cabinet discussions the ordinance will be issued. 

In the same way at the state level, it was introduced by the governor, which is headed by the chief minister. 

This ordinance will have the same influence/effect as they issued in a parliament session.

NOTE: Ordinance issued only when the parliament is not in session and only when immediate action takes place.Where there is no time to conduct the meeting. 

HISTORY OF AN ORDINANCE

In every long back history under the Indian council's act, 1861 under this act governor-general will issue an ordinance. when emergency actions comes. Which could stay for not more than 6 months. 

The government of India(GOI) act 1935 provides promulgation of an ordinance by the governor-general. 

Article 123 of the Indian constitution provides the power to the president with an ordinance to make the laws in necessary conditions. 

In the same way, at the state level, the governor has the same power to make laws in emergency cases by using ordnance with the 213 articles.

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LIMITATIONS OF THE ORDINANCE ARE.

1. An ordinance will cease to work when the only parliament doesn't approve it in 6 weeks of the assembly and by disapproving resolutions passed by both houses. 

2.The ordnance becomes void if and only if both houses disapprove of the ordnance which was passed. 

3. The parliament needed to meet within 6 months. This is mandatory for Parliament. 

4.For an ordinance to stay in effect, it should be approved by parliament within 6 weeks from the date of introduction.It should be introduced on the first day of reassembly. 

5.When an ordinance is issued in a country the fundamental rights we will not be guaranteed.

Now let's see how the ordinance is passed from the independence

From the independence, the number of an ordinance passed during 1st, 2nd, 3rd, 4th in Lok sabha are 37,20,31,34 respectively. 

A total of 679 ordinances has been issued from 1950-2014.

SIGNIFICANCE OF STEPS OF AN ORDINANCE

During the period of prime minister Indira Gandhi, she made many ordinances in an emergency tenure. 

Which is one significance being the 38 amendment of the constitution states that 'No judicial review should be on ordinance'. 

Later on by 44 amendment of Constitution, it made that there must be a judicial review on the ordinance.

This is what our forefathers of Constitution makers have feared because this will be used as to tool to make laws on their own. 

When some bills reference to the standing committee, those bills should not be brought in the form of an ordinance, and the finance-related aspects should not be brought in the form of an ordinance. 

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MISUSE OF AN ORDINANCE 

 Issuing an ordinance is against the spirit of the Constitution. 

Some governments are issuing an ordinance to escape from the majority in houses, because if they introduce it in the house perhaps they may be unable to get the majority, due to this fear the governments are opting for an ordinance as a tool to overcome this hurdle. 

It was a wrong belief for the executive government to promulgate an ordinance merely because of a shortage of time that means the power.

It has to be exercised only when there is an emergency and only in which the legislative can't meet to take necessary actions. 

It means sometimes that it imposes on legislation through an ordinance with the consent of the president. 

This means that it can meet its objective without the consent of the majority in the houses. 

CONCLUSION OF THE DEBATE

Ours is a parliamentary system of government in which to make a law in parliament we must debate, discuss, and criticize these should be Permitted to make a law. 

Without these, making a law is contrary to the sole principle of the Constitution. 

When necessary the ordinance should be used, but not to make laws in their favor is not permitted, this is a violation of Constitution policy. 

It should be used as an emergency tool but not as a tool to replace the power of making laws of their own. 

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