INDIAN FEDERALISM AND ARTICLE 123: A COMPARATIVE ANALYSIS OF PRE AND POST 1990

Abstract

Federalism is a basic feature of the Indian Constitution and Ordinance is a process of making law when the Parliament is not in session. The Indian Federal Structure has been established in such a way that the Union Government can make law through legislation in the Parliament as well as through ordinances. Under Chapter – III of Part-V of the Indian Constitution with the heading – “The Union”, explains that the President has the legislative power to promulgate Ordinances during the recess of Parliament.  However, if the promulgation of ordinance is used excessively it violates the basic feature of the Constitution. In the last 70 years of the working of Indian Constitution it has been observed that this particular method of making law under Article 123 has been used and misused to fulfil the goal or narrow interest of the ruling party.  It violates the federal principles where both the centre and the states have share in the governance and policy making. Therefore, it must be used to fulfil the urgency and that to when the Parliament is not in session. But promulgation and repromulgation of ordinance for many times questions the intention and integrity of the Central Government. It has established a wrong constitutional culture undermining the objectives for which the makers of the constitution had inserted it. It is a Constitutional right and should not be used as a legal license for making law.