PROCEDURAL COMPLIANCE IN EXECUTIVE LAW-MAKING: ASSESSING THE INSTITUTIONAL IMPACT OF UN-LAID ORDINANCES ON LEGAL CERTAINTY

The Constitution of India empowers the Executive wing of the government to make laws without prior permission from the legislature where a situation exists that needs immediate legislative action and the legislative body is not in session. This extraordinary power operates at both sphere of the government (the union and the states). The President of India has the power to promulgate an Ordinance when satisfied that there exists an emergency situation that needs legislative action when both Houses of Parliament are not in session. Similarly, the Governor of any State has the power to promulgate an Ordinance when the State Legislative Assembly or the State Legislative Council is not in session and there exists an emergency requiring immediate legislative action. However, this mechanism relies entirely on strict constitutional checks and balances to be exercised by the legislative body. This critically assess the stability of this law passed by the executive wing that has the same force and effect of an Act passed by the legislative body. Further, it would examine the chaotic impact of this temporary law on the rights, public liabilities and criminal penalties. This paper highlights the confusion inflicted upon citizens and administrative systems arising due to executive failure to comply with the mandatory procedural compliance of laying these ordinances before the legislature within the stipulated timeframe that ultimately decides the fate of these laws.