The method of repromulgation of ordinance by the executive without being ratified by the parliament infringes the system of checks and balances. Comment (200 Words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· The central government has repromulgated the ordinance that establishes a commission for air quality management Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020.
· This raises questions about the practice of re-issuing ordinances without getting them ratified by Parliament.
· The Constitution permits the central and State governments to make laws when Parliament (or the State Legislature) is not in session.
· As law making is a legislative function, this power is provided for urgent requirements.
· The Constitution states that the ordinance will lapse at the end of six weeks from the time Parliament (or the State Legislature) next meets.
· In the 1950s, central ordinances were issued at an average of 7.1 per year. The number peaked in the 1990s at 19.6 per year, and declined to 7.9 per year in the 2010s.
· In D.C. Wadhwa case Constitution Bench of the Supreme Court, in 1986, ruled that repromulgation of ordinances was contrary to the Constitutional scheme.
· It would be violating the constitutional scheme as it would enable the Executive to transgress its constitutional limitation in the matter of law.
· The Centre also started to follow the lead of Bihar. For example, in 2013 and 2014, the Securities Laws (Amendment) ordinance was promulgated three times.
· As governments, both at the Centre and States, are violating this principle, the legislatures and the courts should check the practice.
