What is an Ordinance (India)?

S7-SA8-0154

Grade Level:

Class 12

AI/ML, Physics, Biotechnology, FinTech, EVs, Space Technology, Climate Science, Blockchain, Medicine, Engineering, Law, Economics

Definition

What is it?

An Ordinance in India is a temporary law issued by the President or a Governor when Parliament or the State Legislature is not in session. It has the same force and effect as a law passed by the Legislature but needs to be approved by them later.

Simple Example

Quick Example

Imagine your school principal decides that during exam season, all students must come an hour early for extra study. If the school management committee (like the Parliament) is on holiday, the principal (like the President) can issue a temporary rule for this. This temporary rule is like an Ordinance, and it will apply until the committee meets and approves it, or it expires.

Worked Example

Step-by-Step

SITUATION: The Parliament is not meeting, but there's an urgent need for a new rule to control the price of essential medicines across India.

1. The Union Cabinet (like a team of ministers) decides that a new law is needed quickly to cap medicine prices.
2. Since Parliament is not in session, they recommend to the President of India to issue an Ordinance.
3. The President, after being satisfied that immediate action is required, issues the 'Essential Medicines Price Control Ordinance, 2024'.
4. This Ordinance immediately becomes a temporary law, and medicine prices are capped as per its rules.
5. When Parliament reconvenes, this Ordinance must be placed before both Houses (Lok Sabha and Rajya Sabha) for approval.
6. If both Houses pass it, the Ordinance becomes a permanent Act of Parliament. If they don't, or if it's not approved within six weeks of Parliament reassembling, the Ordinance expires.
ANSWER: The Ordinance allows the government to implement urgent policies even when the Legislature is not functioning.

Why It Matters

Understanding Ordinances helps you see how laws are made and how governments respond to urgent situations. This knowledge is crucial for careers in Law, Public Administration, and even Economics, as it impacts policy decisions and market regulations. It helps build a strong foundation for understanding governance.

Common Mistakes

MISTAKE: Thinking an Ordinance is a permanent law. | CORRECTION: An Ordinance is always a temporary law. It needs approval from the Legislature to become permanent, or it expires.

MISTAKE: Believing anyone can issue an Ordinance. | CORRECTION: Only the President of India (at the Union level) or the Governor of a state (at the state level) can issue an Ordinance.

MISTAKE: Assuming an Ordinance can be issued even when Parliament/Legislature is in session. | 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 issues an Ordinance at the Union (central) level in India? | ANSWER: The President of India.

QUESTION: What is the maximum duration an Ordinance can remain in force without being approved by Parliament after it reconvenes? | ANSWER: Six weeks.

QUESTION: A state Governor issues an Ordinance. The State Legislature reconvenes after 30 days. What is the maximum time from the reconvening date that the Ordinance can stay active without legislative approval? | ANSWER: Six weeks (which is 42 days). So, it can stay active for another 12 days after the 30 days.

MCQ

Quick Quiz

An Ordinance in India is primarily issued when:

The President wants to make a new law.

Parliament or the State Legislature is not in session and there is an urgent need for a law.

The Supreme Court recommends a new law.

A state government needs to bypass the central government.

The Correct Answer Is:

Option B is correct because Ordinances are a special power used only when the legislative bodies are not meeting and a law is urgently required. Options A, C, and D describe incorrect scenarios for issuing an Ordinance.

Real World Connection

In the Real World

During the COVID-19 pandemic, the Indian government issued several Ordinances to quickly bring in new rules, like the 'Epidemic Diseases (Amendment) Ordinance, 2020', to protect healthcare workers. This was crucial because Parliament was not in session, and immediate legal protection was needed for doctors and nurses facing violence.

Key Vocabulary

Key Terms

ORDINANCE: A temporary law issued by the President or Governor | LEGISLATURE: The body responsible for making laws (e.g., Parliament, State Assembly) | PRESIDENT: The head of state in India, who can issue Ordinances | GOVERNOR: The head of a state in India, who can issue state-level Ordinances | RECONVENE: When a legislative body like Parliament starts meeting again after a break.

What's Next

What to Learn Next

Next, you should learn about 'Bills and Acts of Parliament'. This will show you how a temporary Ordinance can become a permanent law, and how most laws are made through a detailed process in the Legislature, building on your understanding of law-making.