Ordinance though were meant to be temporary, but repromulgation sidesteps this limitation and makes them permanent

  • Tuhupiya Kar, Department of Law, University of Calcutta
  • February 5, 2022

Content :

The promulgation of ordinances under Articles 123 and 213 under the Constitution of India, in the Central and State Legislatures, respectively, though meant to be an emergency provision invested at the hands of the Executive in dire circumstances at the crossroads of policy and administration is often misused via the constant practice of ‘Repromulgation’. In this paper, light will be shed on how at times the Executive indulges in the creation of artificial circumstances that would allow the extension of the deadline of an ordinance by way of repromulgation. 

The paper prima facie attempts to shed light on the pros and cons of the constitutional provisions that validate repromulgation sought after the promulgation of an ordinance.

The research methodology applied is mostly circumstantial and doctrinal in nature. This paper also makes a non-doctrinal approach as it seeks to find answers to most proportion of the research problem through previously conducted research and thereby this paper is mostly based on secondary sources of information. The research has been conducted to induce information on the question that whether repromulgation effectively sidesteps the constitutional limitation set on temporary ordinances?

Keywords – Promulgation, Ordinance Legislature, Executive and Repromulgation.