Ordinance making in India is a crucial tool that allows the executive to enact temporary laws when the Parliament or State Legislature is not in session. The President of India (Article 123) and the Governor (Article 213) have the power to promulgate ordinances under extraordinary circumstances. While this provision ensures continuity in governance, its frequent use raises concerns about bypassing the legislature, weakening democratic principles, and creating an "ordinance raj." Addressing these challenges requires judicial clarity, legislative scrutiny, and reforms to maintain the constitutional balance of power.

Challenges in Ordinance Making

1. Bypassing the Legislature

• Ordinances allow the executive to overstep its constitutional mandate, undermining the separation of powers.
  
  
• Frequent use reduces the role of the elected legislature, diluting the people’s mandate.
  
  

2. Democratic Deficit

• Ordinances are issued without detailed parliamentary debate or public consultation, raising transparency concerns.
  
  
• This leads to laws being passed without thorough scrutiny and deliberation.
  
  

3. Misuse of Power as an Alternative to Legislation

• Ordinances are sometimes used to push political agendas, bypassing parliamentary oversight.
  
  
• Example: The controversial Three Farm Laws were introduced through an ordinance, which later faced massive protests.
  
  

4. Fear of an "Ordinance Raj"

• The excessive use of ordinances undermines legislative authority and sets a dangerous precedent.
  
  
• Example: In Bihar, ordinances were repeatedly reissued regarding Sanskrit schools and teacher transfers, creating instability.
  
  

5. Threat to Federalism

• Some ordinances challenge the spirit of federalism by overriding state powers.
  
  
• Example: The NCT Ordinance affected the governance structure of Delhi, sparking debates over state autonomy.
  
  

6. Vague and Ambiguous Provisions

• Some ordinances include unclear or poorly defined provisions, leading to confusion and legal disputes.
  
  
• Example: The Securities Laws (Amendment) Ordinance, 2014 had vague elements, requiring further clarification.
  
  

Way Forward

1. Strengthening Legislative Scrutiny

• Ordinances should be rigorously debated in Parliament or State Legislatures when they reconvene.
  
  
• Parliamentary committees can review their necessity and impact on governance.
  
  

2. Establishing Clear Judicial Guidelines

• The Supreme Court should define strict guidelines for ordinance-making to prevent misuse.
  
  
• Judicial intervention can ensure ordinances are used only in genuine emergencies.
  
  

3. Limiting Re-promulgation of Ordinances

• Re-promulgation should be strictly regulated, ensuring the executive does not use it to bypass legislative approval.
  
  
• The Supreme Court's ruling in Krishna Kumar Singh v. State of Bihar (2017) highlighted this issue and emphasized parliamentary oversight.
  
  

4. Public Consultation for Transparency

• A structured consultation process before issuing ordinances can ensure greater accountability.
  
  
• Seeking expert opinions and public feedback can enhance the credibility of ordinances.
  
  

5. Strengthening Democratic Processes

• Encouraging debate and discussion within the legislature can reduce over-reliance on ordinances.
  
  
• Strengthening parliamentary committees can ensure better scrutiny of urgent policy measures.
  
  

6. Legal and Constitutional Reforms

• Amending the Constitution or legal framework to clearly define circumstances for ordinance promulgation can prevent misuse.
  
  
• Setting stricter time limits on ordinance validity and restricting executive discretion can uphold democratic principles.
  
  

Conclusion

While ordinance making in India serves as an essential legislative tool in exceptional situations, its overuse weakens parliamentary democracy. Ensuring a transparent, accountable, and constitutionally sound ordinance-making process requires judicial clarity, legislative oversight, and public participation. Strengthening democratic processes will ensure that ordinances remain an extraordinary measure rather than a regular legislative practice.