Question

Has ordnance raj surpassed the democratic means to govern the nation

Answer 1

Answer:

Explanation:

On January 2, in one of many judgments delivered on its first working day of the year, the Supreme Court, in Krishna Kumar Singh v. State of Bihar, made a series of pronouncements with potentially huge implications for the future of democratic governance in the country. The case raised intricate constitutional questions concerning the executive’s power to make law through ordinance, but the majority’s opinion, authored by Justice D.Y. Chandrachud, on behalf of five of the seven judges who heard the case, is lucid both in its reasoning and in its ultimate findings.

For far too long, the court recognised, the power to make ordinances has been abused to subvert the democratic process. A failure of a legislature to confirm an ordinance, therefore, in the court’s ruling, was fatal both to the validity of the law, and also, unless public interest otherwise demanded, to the rights and liabilities that may have accrued from such a law. According to Justice Chandrachud, the authority to issue ordinances is not an absolute entrustment, but is “conditional upon a satisfaction that circumstances exist rendering it necessary to take immediate action”. In other words, ordinances are not immune from judicial challenge.

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