Constitutionally Lawless: Ordinance Raj in India

In a commentary, SMU Assistant Professor of Law Shubhankar Dam, author of Presidential Legislation in India: The Law and Practice of Ordinances, questioned whether cabinets have properly resorted to Article 123 of India’s Constitution which authorizes the president to promulgate ordinances if “he is satisfied that circumstances exist that render it necessary for him to take immediate action.” Assistant Prof Dam proposed that there have been instances where Article 123 had been brought into effect within days of the parliamentary sessions and seemed to serve as an alternative route by which to “enact” legislation that did not have majority support. He said that fully restoring Article 123 would require political self-discipline and is a constitutional responsibility from which India’s incoming cabinet should not recant.

CASI, India in Transition