Can ordinance sidestep Supreme Court and Parliament?

In times like these, people of India have to sit up and wonder if Congress party has given a go-by to parliamentary democracy, true to its 1975-77 style. Article 123 of the Constitution of India defines “ordinance” as a tool that the Executive can exercise only to take “immediate action” when Parliament is in recess. A reasonable interpretation would be when there’s a pressing need to serve public interest arising from disasters or national security or economic crisis. It’s certainly NOT a tool to bypass Parliament to enact Food Security Bill without debate to grab sole credit. It’s most certainly NOT a tool to overturn Supreme Court order just to save soon-to-be-convicted UPA MPs such as Rasheed Masood and Laloo Yadav.

Does Congress think it is ruling a nation of fools? Or does it not care what public thinks? How is India even a parliamentary democracy when Parliament is bypassed so blatantly to serve the ruling party’s interests? Can the abuse of a constitutional provision go any lower? Dr. BR Ambedkar would be sorry to see this day.

Some context to Congress’s backdoor push: Kapil Sibal tried to bring in the amendment to Representation of Peoples’ Act in the Monsoon session. However, BJP launched a protest in house leading to its stalling. It unraveled Congress’s game plan to save Laloo Yadav’s skin then. Today, we have the answer from the government.

BJP has rightly asked President Mukerjee to withhold signature until Parliament debates it. It has called the ordinance unconstitutional. However, not much of conviction is expected from the President as he owes his position to the generosity of Congress chief.

Reference: Article 123 of Indian Constitution (
“123. Power of President to promulgate Ordinances during recess of Parliament
(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require”

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