Re-promulgation of ordinances

"One who does what a statute forbids transgresses the Statute; one who contravenes the intention of a Statute without disobeying its actual words, commits a fraud on it."
'Julius Paulus (B.C. 204),Roman legalist'


Kerala Legislative Assembly is starting its session today. Some twenty ordinances will be made brought before the house in the form of bills and to be passed. Few weeks back, parliamentarian Varkala Radhakrishnan was complaining about the central and state governments for their ordinance raj. Many laws in India are in the form of ordinances. The governments promulgate ordinances, re-promulgate them when they expire and process of re-promulgation never ends.

I wonder whats the need for a legislative assembly or a parliament if the governments go on making laws using the loop-hole called ordinance. The constitution of India provides for an ordinance. But, that provision should be used only in unavoidable circumstances. There can be a calamity, national emergency, or the government cannot call the session of the legislative assembly due to various reasons- in such situations its proper to go for an ordinance. But,in India, the Central and the state governments run an ordinance raj.

In Bihar state, all the laws in the land are in the form of ordinances, which are re-promulgated again and again. If a government can function using ordinances, then why do we need a legislature and the parliament? Why should the tax money be spent for the functioning of the parliament? Can`t we spend this money to improve public education or health? There have been incidents where an ordinance was sent to the President/Governor for promulgation just the previous day of a parliament/legislature session. Is it not a fraud?

The law bill is prepared by the officials of the executive(usually the law department), and sent to the legislature/parliament for being passed. There, the members of the law making body have to discuss the pros and cons, suggest changes, and then pass the bill after incorporation of the changes. Usually the debate for changes are healthy.

In an ordinance raj, there is no participation of the legislature or the parliament. Without a law making body(Parliament/legislature) scrutinising a bill to be passed, any law will be unconstitutional. And, in India, most law are actually unconstitutional. But, neither the public, nor the parliament/legislature members are aware of this. Even the media is blind and ignorant of this issue.

In Bihar, Uttarpradesh, Madhyapradesh and in some other states, the legislators are illiterates or part-time criminals and they don`t have the time or sense for a debate on the laws. But, in Kerala, the politicians are well-educated and they have time as well as sense for a healthy debate inside the assembly. So, any law should be laid in the assembly and then only it should be made into a law and not through ordinances. Promulgation of ordinances is so simple, it needs only the Governor`s/president's signature, but that type of governance will kill the democracy.

Re-promulgation of ordinances is a fraud on the constitution of India.