NEWS: Supreme Court (Number of Judges) Amendment Ordinance, 2026 à brought the issue of Ordinance-making power misuse into public debate.
Ordinance
- A temporary law promulgated by the President under Article 123 when Parliament is not in session and immediate action is necessary.
- Similar powers exist for Governor under Article 213.
- An Ordinance ceases to operate six weeks after Parliament reassembles, or earlier if disapproved by both Houses, or if the President withdraws it.
- The power was intended as an exceptional constitutional mechanism rather than a routine legislative practice.
Concerns Associated with Ordinance
- Frequent use of the ordinance route weakens Parliament’s role as the central institution of democratic debate+ Erodes the culture of legislative discussionà Bypassing Parliamentary Deliberation
- Can increase executive dominance + reduces legislative scrutiny in governance.
- Can reduce Parliament to a reactive body that merely rubber-stamps executive choices. This compromises legislative scrutiny, institutional accountability, and broader democratic engagement.
- Re-promulgation of Ordinancesà Allows the executive to continue governing without parliamentary approval. Such practices undermine constitutional morality.
- Threat to Separation of Powersà Excessive executive influence may disturb the constitutional balance among Legislature, Executive, and Judiciary.
Supreme Court (SC) Judgements
- C. Wadhwa vs State of Bihar (1986)à Governance by re-promulgated ordinances is a “fraud on the Constitution.”
- Krishna Kumar Singh vs State of Bihar (2017)à Ordinance-making power cannot be used as a parallel source of legislation.
- K. Roy vs Union of India (1982)à Any Ordinance issued in bad faith or for an ulterior motive remains open to judicial review.