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Ordinance Making Power of PresidentDefinitionGenerally the supreme power to make laws for a country belongs to parliament. Butconstitution of some developing countries provide for provision of legislation bythe head of the executive in some special situation.History of the Ordinance Making PowerThe real history of ordinance making power in the sub-continent traces bake to thecolonial constitution, The Government of India Act, 1395. This Act introduced inIndia, for the first time representative legislatures at both the provinces andcenter.Firstly, Article 72 of the 9th Schedule states that,TheGovernor-General may, in cases of emergency, make and promulgate ordinance for thepeace and good government of British India and any part.Secondly, Section 42 of the Government of India Act, 1935 states that,If at any time when the Federal Legislature is not session the Governor-General is satisfied that circumstances exist which render it necessary for him totake immediate action, he may promulgate such ordinance as the circumstance appearto him to require.The pattern of the Ordinance law as provided for in Article 42 of the Governmentof India Act, 1935 was retained in both the Indian and Pakistan Constitution.Indian constitution 1949 gives power to President to promulgate Ordinance byArticle 123.Pakistan constitution 1956 gives power to President and Governor topromulgate Ordinance by Article 69 & 102.Constitutinal of Bangladesh alsoretained this colonial Provision.Under Article 93(1) of the Constitutional Bangladesh the President may makeordinance in following two situations----1.Parliament not in session.2.Parliament stands dissolved.In those two situations the President can promulgate ordinance only when he issatisfied that circumstance render exist which render immediate action necessary.Legal status of an OrdinanceThe Article 93 (1) states that an Ordinance shall, form its promulgation, have thesame force and effect as an Act of Parliament. Because the power to issue anOrdinance is not an executive power of the President, it is legislative powerwhich is devised to meet urgent situations and necessary for peace and goodgovernment in the country. There is an only difference between an Act andOrdinance, which is duration.Limitation of an Ordinance1.What cannot lawfully be made under the Constitution by an Act cannot be doneby an ordinance.2.An ordinance cannot alter or repeal any provision of the constitution.3.An ordinance cannot continue in force any provision of an ordinancepreviously made.Ordinance becomes an Act of Parliament1.Every ordinance made during the recess of parliament must be laid beforeparliament at its meeting following the promulgation of it, if it is not replacedearlier.2.Ones the ordinance is placed in parliament, a corresponding Bill must bepassed in 30 days, otherwise it will cease to have any effete at the expiration of30 days.
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