Inaugurated by IN-SPACe
ISRO Registered Space Tutor
S5-SA3-0069
What is an Ordinance?
Grade Level:
Class 7
Law, Civic Literacy, Economics, FinTech, Geopolitics, Personal Finance, Indian Governance
Definition
What is it?
An Ordinance is a temporary law issued by the President of India (at the Centre) or the Governor of a state (in the state) when Parliament or the State Legislature is not in session. It has the same force as an Act of Parliament/Legislature but needs to be approved by them later.
Simple Example
Quick Example
Imagine your school principal can make a new temporary rule about uniform if the school management committee (like Parliament) is on holiday. This temporary rule is valid, but when the committee returns, they must approve it to make it a permanent school rule. That temporary rule is similar to an Ordinance.
Worked Example
Step-by-Step
Let's say Parliament is not meeting, but there's a sudden need for a law to control a new disease spreading rapidly.
---
Step 1: The government decides a new law is urgently needed to tackle the disease.
---
Step 2: They prepare the draft of this new law.
---
Step 3: The Union Cabinet recommends this draft law to the President.
---
Step 4: The President, seeing the urgency and with the Cabinet's advice, issues an Ordinance, making it a temporary law immediately.
---
Step 5: This Ordinance is now active and people must follow it, just like any other law.
---
Step 6: When Parliament meets again, this Ordinance must be presented to both Houses (Lok Sabha and Rajya Sabha) for approval within six weeks.
---
Step 7: If both Houses approve it, the Ordinance becomes a permanent Act. If not, it expires.
---
Answer: The Ordinance serves as an urgent, temporary law until Parliament can review and make it permanent.
Why It Matters
Understanding Ordinances helps you grasp how laws are made in India, especially during emergencies or when legislative bodies are not meeting. This knowledge is crucial for future lawyers, civil servants, and even journalists who report on government decisions, impacting civic literacy and governance.
Common Mistakes
MISTAKE: Thinking an Ordinance is a permanent law | CORRECTION: An Ordinance is a temporary law. It needs approval from Parliament or the State Legislature to become permanent.
MISTAKE: Believing anyone can issue an Ordinance | CORRECTION: Only the President of India (for the Union) or the State Governor (for the State) can issue an Ordinance, and only on the advice of the Cabinet.
MISTAKE: Assuming an Ordinance can be issued anytime | CORRECTION: An Ordinance can only be issued when Parliament (or the State Legislature) is NOT in session and there's an urgent need for a law.
Practice Questions
Try It Yourself
QUESTION: Who can issue an Ordinance at the central level in India? | ANSWER: The President of India.
QUESTION: For how long is an Ordinance valid if Parliament does not meet after it is issued? | ANSWER: An Ordinance remains valid for a maximum of six months and six weeks from the date of its promulgation, or six weeks from the reassembly of Parliament, whichever is earlier.
QUESTION: What happens to an Ordinance if Parliament meets and disapproves of it? | ANSWER: If Parliament meets and disapproves of an Ordinance, it ceases to operate immediately upon disapproval.
MCQ
Quick Quiz
When can an Ordinance be issued in India?
Only when Parliament is in session
When Parliament is not in session and there is an urgent need for a law
Anytime the Prime Minister wishes
Only during a national emergency declared by the President
The Correct Answer Is:
B
An Ordinance is a temporary law issued when Parliament is not meeting and a law is urgently required. It cannot be issued when Parliament is in session as Parliament itself can make laws.
Real World Connection
In the Real World
During the COVID-19 pandemic, several Ordinances were issued in India to quickly bring in laws related to healthcare, economic relief, and maintaining essential services, even when Parliament was not meeting. For example, the 'Epidemic Diseases (Amendment) Ordinance, 2020' was issued to protect healthcare workers.
Key Vocabulary
Key Terms
President: The head of the Indian state, who can issue ordinances. | Parliament: India's highest law-making body, consisting of Lok Sabha and Rajya Sabha. | Legislature: A body with the power to make laws, like Parliament at the Centre or Vidhan Sabha in states. | Session: The period during which a legislative body (like Parliament) meets to conduct its business. | Promulgate: To formally announce or declare a law or decree.
What's Next
What to Learn Next
Next, you can learn about 'How a Bill Becomes a Law'. This will help you understand the normal process of law-making in India and how Ordinances fit into this broader system of governance.
