Ordinance Making
- What is it?
- Article 123 of the Indian Constitution grants the President of India certain Lawmaking powers, i.e., to Promulgate Ordinances when either of the two Houses of the Parliament is not in session, which makes it impossible for a single House to pass and enact a law.
- These Ordinances have the same effect as an Act of Parliament.
- Ordinances may relate to any subject that the Parliament has the power to make law, and would be having the same limitations.
- The Ordinances may have a retrospective effect and may modify or repeal any act of Parliament or other ordinances. It may be used to amend a tax law, but it can never amend the Constitution.
- The President may withdraw an ordinance at any time. However, he exercises his power with the consent of the Council of Ministers headed by the President.
- Limitation
- Legislature is not in session: The President can only promulgate an Ordinance when either of the two Houses of Parliament is not in session.
- Immediate action is required: The President cannot promulgate an Ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action’.
- Parliament should approve: Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate. The same will cease to operate if disapproved by either House.
- Judicial Review : Ordinance made by the president is judicial reviewable.
Pardoning Powers (Clemency Powers)
- Article 72 – the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence where the sentence is a sentence of death.
- Conditions
- Punishment or sentence is for an offence against a Union Law;
- Punishment or sentence is by a court martial (military court);
- Sentence is a sentence of death.
- Types
- Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
- Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.
- Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
- Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
- Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.