Ordinance Making Power of President

Definition Generally the supreme power to make laws for a country belongs to parliament. Butconstitution of some developing countries provide for provision of legislation bythe head of the executive in some special situation. History of the Ordinance Making Power The real history of ordinance making power in the sub-continent traces bake to the colonial constitution, The Government of India Act, 1395. This Act introduced in India, for the first time representative legislatures at both the provinces and center. Firstly, Article 72 of the 9th Schedule states that, The Governor-General may, in cases of emergency, make and promulgate ordinance for the peace and good government of British India and any part. Secondly, Section 42 of the Government of India Act, 1935 states that, If at any time when the Federal Legislature is not session the Governor-General is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinance as the circumstance appear to him to require. The pattern of the Ordinance law as provided for in Article 42 of the Government of India Act, 1935 was retained in both the Indian and Pakistan Constitution. Indian constitution 1949 gives power to President to promulgate Ordinance by Article 123.Pakistan constitution 1956 gives power to President and Governor to promulgate Ordinance by Article 69 & 102.Constitutinal of Bangladesh alsoretained this colonial Provision.Under Article 93(1) of the Constitutional Bangladesh the President may make ordinance in following two situations---1.Parliament not in session. 2.Parliament stands dissolved. In those two situations the President can promulgate ordinance only when he is satisfied that circumstance render exist which render immediate action necessary.

Legal status of an Ordinance

The Article 93 (1) states that an Ordinance shall, form its promulgation, have the same force and effect as an Act of Parliament. Because the power to issue an Ordinance is not an executive power of the President, it is legislative power which is devised to meet urgent situations and necessary for peace and good government in the country. There is an only difference between an Act and Ordinance, which is duration.

Limitation of an Ordinance
1. W ha t c a n n o t l a w f u l l y b e m a d e u n de r t h e Co n s t i t u t i o n by a n A c t c a n n o t be d o n e by an ordinance. 2. A n o r di n a n c e c a n n o t a l t e r o r r e p e a l a n y p r o v i s i o n o f t he c o n s t i t u t i o n . 3. A n o r di n a n c e c a n n o t c o n t i n u e i n f o r c e a n y p r o v i s i o n o f a n o r di n a n c e previously made.

Ordinance becomes an Act of Parliament

1. E v e r y o r di n a n c e m a d e du r i n g t he r e c e s s o f p a r l i a m e n t m us t b e l a i d be f o r e parliament at its meeting following the promulgation of it, if it is not replaced earlier. 2. O n e s t he o r di n a n c e i s p l a c e d i n p a r l i a m e n t , a c o r r e s p o n di n g B i l l m us t be passed in 30 days, otherwise it will cease to have any effete at the expiration of30 days. 3. B e f o r e t h e e x p i r a t i o n o f 3 0 da y s p a r l i a m e n t m a y p a s s a r e s o l ut i o n disapproving the ordinance and if such a resolution is passed, the ordinance willcease to have any effect upon the passing of the resolution.