Since coming to power in May 2014, NDA government led by Prime Minister Narendra Modi has seen frequent promulgation of ordinances. So far NDA government has brought out nine ordinances which includes coal mines ordinance, ordinance for increase in the foreign investment ceiling in insurance sector, ordinance to amend land acquisition laws, ordinance for amending Mines Act and others.
According to article 123 of the Constitution of India, the President is empowered to promulgate an ordinance when the Parliament is not in session and if he is satisfied that circumstances exist which render it necessary for him to take immediate action.
On the one hand, it is argued that promulgation of ordinances is necessary to overcome the policy paralysis that is being witnessed in the either House of Parliament in recent past. This will help in attracting foreign investors to invest in sectors like infrastructure and technology. This in turn will aid the economic growth which has come to standstill in last five years.
On Other hand, it is argued that promulgation of ordinances is a threat to parliamentary democracy wherein the elected representatives of the peoples discuss and debate various legislations. This process ensures that the enacted legislation becomes a will of the people. However, choosing the alternative procedure or short cut may pose threat to the constitutional procedure of passing bill in long run.
Thus it is imperative that norms of parliamentary democracy, which has largely been successful since last 60 years, are not given a pass by so as to fast pace the developmental process. Ultimately what’s matter is will of the people and that only can ensure equitable and participative development which is the need of the hour in Indian social-economic-political milieu.
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