Constituent Assembly Debate on Ordinance Making Power of the President

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The Constituent Assembly Debate on Ordinance Making Power of the President

The Constituent Assembly of India was a body of elected representatives that drafted the Constitution of India. The Assembly met from 1946 to 1950 and was chaired by Dr. Rajendra Prasad.

One of the key issues debated by the Constituent Assembly was the power of the President to make ordinances. An ordinance is a law that is passed by the President without the approval of Parliament. The President can only make an ordinance if Parliament is not in session or if there is an emergency.

The debate on the ordinance making power of the President was heated. Some members of the Assembly argued that the President should have the power to make ordinances, as this would allow the government to take quick action in times of need. Others argued that the President should not have this power, as it would give the government too much power.

In the end, the Constituent Assembly decided to give the President the power to make ordinances. However, the Assembly also placed some restrictions on this power. For example, the President can only make an ordinance if Parliament is not in session or if there is an emergency. The President must also consult with the Council of Ministers before making an ordinance.

The ordinance making power of the President has been used on a number of occasions since the adoption of the Constitution. For example, the President has used this power to declare emergencies, to amend laws, and to introduce new laws.

The ordinance making power of the President is a controversial issue. Some people argue that this power is necessary to allow the government to take quick action in times of need. Others argue that this power gives the government too much power and that it should be limited.

The ordinance making power of the President is a complex issue with no easy answers. It is a power that has been used both wisely and unwisely by the government over the years. It is a power that will continue to be debated and discussed in the years to come.

Frequently Asked Questions

  1. What is an ordinance?

An ordinance is a law that is passed by the President without the approval of Parliament.

  1. When can the President make an ordinance?

The President can only make an ordinance if Parliament is not in session or if there is an emergency.

  1. What are the restrictions on the President’s power to make ordinances?

The President can only make an ordinance if Parliament is not in session or if there is an emergency. The President must also consult with the Council of Ministers before making an ordinance.

  1. How has the ordinance making power of the President been used since the adoption of the Constitution?

The President has used this power to declare emergencies, to amend laws, and to introduce new laws.

  1. What are the arguments for and against the ordinance making power of the President?

Some people argue that this power is necessary to allow the government to take quick action in times of need. Others argue that this power gives the government too much power and that it should be limited.

  1. What is the future of the ordinance making power of the President?

The ordinance making power of the President is a complex issue with no easy answers. It is a power that has been used both wisely and unwisely by the government over the years. It is a power that will continue to be debated and discussed in the years to come.

MCQs

  1. The President of India can make an ordinance if:

(a) Parliament is not in session
(b) There is an emergency
(c) Both (a) and (b)
(d) None of the above

  1. The President must consult with the Council of Ministers before making an ordinance:

(a) Always
(b) Only if Parliament is not in session
(c) Only if there is an emergency
(d) Never

  1. The ordinance making power of the President has been used to:

(a) Declare emergencies
(b) Amend laws
(c) Introduce new laws
(d) All of the above

  1. The ordinance making power of the President is a controversial issue because:

(a) Some people believe that it gives the government too much power
(b) Others believe that it is necessary to allow the government to take quick action in times of need
(c) Both (a) and (b)
(d) None of the above

  1. The future of the ordinance making power of the President is uncertain because:

(a) It is a complex issue with no easy answers
(b) It has been used both wisely and unwisely by the government over the years
(c) It will continue to be debated and discussed in the years to come
(d) All of the above