President’s ordinance making power and parliamentary democracy in India: A study of executive overreach since 2014
By: Kumar, Maneesh and Sharma, Sanjay
.
Material type: 
BookPublisher: Madhya Pradesh Journal of Social Sciences Description: 29(2), Dec, 2024: p.109-123.Subject(s): Parliamentary democracy, Executive, Legislature, BJP, Separation of power, Overreach
In:
Madhya Pradesh Journal of Social SciencesSummary: Indian Parliament is known as the epicentre of constitutional democratic
order in the country. The Indian Parliament has been criticised because of
the conflict between the legislature and executive raising questions on the
very notion of checks and balances in the Indian Constitution. In India, the
legislature, executive and judiciary are interconnected which sometimes
leads to overreach by one organ over the powers of other organs. Since the
foundation of parliamentary democracy in India, there have been various
cases of executive overreach in the functions of the legislature. 'The
President’s ordinance-making power' is a powerful tool in the hand of the
executive that was assigned to deal with circumstances that require
immediate action when the legislature is not in a situation to take action.
Over time, it has been seen that the power is used by the executive to
bypass the legislative procedures and processes. This research paper
analyses the abuse of ordinance-making power by various governments
with its main focus on the issue of executive overreach since 2014. The BJPled
government, from time to time, is blamed for heavily misusing the
ordinance-making power and for neglecting legislative processes. The paper
also analyses the multi-dimensional impact of the misuse of the ordinancemaking
power on the democratic structure in India. This research paper is a.-Reproduced
https://mpissr.org/wp-content/uploads/2025/05/MPJSS-292-December-2024.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
Articles
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Indian Institute of Public Administration | 29(2), Dec, 2024: p.109-123 | Available | AR138605 |
Indian Parliament is known as the epicentre of constitutional democratic
order in the country. The Indian Parliament has been criticised because of
the conflict between the legislature and executive raising questions on the
very notion of checks and balances in the Indian Constitution. In India, the
legislature, executive and judiciary are interconnected which sometimes
leads to overreach by one organ over the powers of other organs. Since the
foundation of parliamentary democracy in India, there have been various
cases of executive overreach in the functions of the legislature. 'The
President’s ordinance-making power' is a powerful tool in the hand of the
executive that was assigned to deal with circumstances that require
immediate action when the legislature is not in a situation to take action.
Over time, it has been seen that the power is used by the executive to
bypass the legislative procedures and processes. This research paper
analyses the abuse of ordinance-making power by various governments
with its main focus on the issue of executive overreach since 2014. The BJPled
government, from time to time, is blamed for heavily misusing the
ordinance-making power and for neglecting legislative processes. The paper
also analyses the multi-dimensional impact of the misuse of the ordinancemaking
power on the democratic structure in India. This research paper is a.-Reproduced
https://mpissr.org/wp-content/uploads/2025/05/MPJSS-292-December-2024.pdf
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