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An Institutional Alchemy: India’S Two Parliaments In Comparative Perspective, Shubhankar Dam
An Institutional Alchemy: India’S Two Parliaments In Comparative Perspective, Shubhankar Dam
Research Collection Yong Pung How School Of Law
India has a parliamentary system. But articled in India’s Constitution is a provision that authorizes the President to occasionally enact legislation without involving Parliament. Such presidential legislation are called ordinances, not Acts; and rather than enact, the President promulgates them. Textually, ordinances are bounded by several ‘controls’. They are limited to circumstances when at least one House of Parliament is not in session, and the President is satisfied that the circumstances are such that immediate action is necessary. And without such formal parliamentary approval after a specified duration, they cease to exist. But after sixty years of constitutional practice these …
Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam
Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam
Research Collection Yong Pung How School Of Law
The article presents information on the presidential legislation of the parliamentary democracies, India and Pakistan. It discusses the role of the President acting as the Council of Ministers for the enactment of legislations as ordinances without the consent of the Parliament. Information on the legal interpretation of the ordinances and its interaction with the principles of the parliamentary system of the government is also presented.