Article 213

ORDINANCE QUESTION BEFORE THE SUPREME COURT: CONSTITUTIONAL DEBATE, ISSUES AND WAY FORWARD

The Indian Constitution allows the executive to promulgate ordinances during emergencies under Articles 123 and 213. However, the Supreme Court has repeatedly ruled that unfettered re-promulgation without legislative approval subverts democratic processes, violating the core principle of parliamentary supremacy.

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ORDINANCE MAKING POWER OF PRESIDENT

The Indian Constitution empowers the President and Governors to promulgate ordinances during legislative recess for emergent situations. However, frequent re-promulgation and recent uses, like increasing Supreme Court judges to 38, raise concerns regarding parliamentary supremacy and separation of powers.

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