33.1 C
Saturday, June 3, 2023

Center’s ordinance overturns SC’s decision, ‘supreme’ power in ordinance? Can it take away your basic rights

Know what is an ordinance.

Know what is an ordinance.

A fierce battle is being seen between the Delhi Government and the Central Government. The Supreme Court, under its decision, had given the responsibility of transfer and posting of officers in Delhi to the elected government, but the Central Government has overturned the decision of the Supreme Court by issuing an ordinance, but what You know what an ordinance is, when it is issued by the central government and whether there is any law on the ordinance or in some case the ordinance itself becomes the Lakshman Rekha. Today we are going to give you complete information related to the ordinance. After reading this news there is hardly any question related to the ordinance in your mind.

Know what is an ordinance

Explain that when the session of the Parliament or the Legislative Assembly is not going on, but such an emergency has come that it becomes mandatory to make a law. In such a situation, the central and state governments issue ordinances with the permission of the President or the Governor, depending on the immediate needs. This issued ordinance has the same powers as a law passed by the Parliament or the Legislative Assembly, but it is not the case that the ordinance becomes law forever. Within six months of the promulgation of an ordinance, it is mandatory to present it in the House in the next session of Parliament or Legislative Assembly. After this, if that bill is passed in the house, it becomes a law, but if it is not passed in the house, then it lapses. There is no limit on the number of times the President or the Governor can promulgate an ordinance. It can be applied as many times as needed.

Can the fundamental rights of the people be taken away by promulgating an ordinance?

The law under Article 123 of the Constitution empowers the President to issue ordinances. At the same time, the power to issue ordinance in a state is given to the Governor under Article 213 of the Constitution. The President can promulgate an ordinance and withdraw it at any time on the advice of the Union Cabinet. In such a situation, the President has so much power under the ordinance that he can change the decision of the Supreme Court, but the Supreme Court also has the right to ban the ordinance if a petition is filed against it. In such a situation, a question may be coming in your mind that when the ordinance can change the decision of the Supreme Court, it can also violate the fundamental rights of the people. It is not so, tell that it is also clearly written in the constitution that the government cannot violate anyone’s fundamental rights by issuing an ordinance or by passing a law in the parliament.

Can SC’s decision be overturned by passing a law?

Explain that the Parliament has the power to overturn the decision of the court by enacting a law, but no law can directly oppose the decision of the Supreme Court. It is necessary that the legislation addresses the thinking of the court’s judgement. This means that legislation can be passed taking away the basis of the judgment. A total of 679 ordinances have been issued by the government between 1950 and 2014. The maximum duration of any ordinance is up to 6 months and 6 weeks.

read this also…Delhi: CM Kejriwal’s attack on the ordinance of the Center, said- a dirty joke with the people of Delhi

Related Articles


Please enter your comment!
Please enter your name here

− 4 = 5

Latest Articles