USE OF 'AT ONCE' IN ORDINANCES

Abstract

Oxford Dictionary defines the word ‘Ordinance’ as an authoritative order. It is a temporary law promulgated by a state or central government without putting the bill on the table of lower and upper house of the Parliament. This situation arises when the Parliament is not in session and there is an urgent need of the law to be passed so as to cope with an emergent situation. This power is granted to the executives by The Constitution of India. The main reason of bestowing the executive with the power of making ordinance, according to Pandit H N Kunzru (involved in framing the Indian Constitution), is “to deal with situations where an emergency in the country necessitated urgent action.” The validity of an ordinance is 6 weeks as it serves emergency situations when the Parliament is not in session. Before this period, it has to be introduced in the Parliament and passed by both the houses, otherwise it will lapse.

On the other hand Central Acts are those which are Acts of Parliament (Statutes passed by Parliament according to the procedure laid out in The Constitution of India) and include the Acts passed by Indian Legislature and Dominion Legislature before the commencement of the Constitution of India and Acts passed by Governor General in their legislative capacity before its commencement. This interpretation is evolved from the definition which has been provided under the definition section of General Clause Act, 1897.