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Presidential Legislation in India: The Law and Practice of Ordinances (Comparative Constitutional Law and Policy)

Presidential Legislation in India: The Law and Practice of Ordinances (Comparative Constitutional Law and Policy)

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Shubhankar Dam
Cambridge University Press, 12/16/2013
EAN 9781107039711, ISBN10: 1107039711

Hardcover, 272 pages, 23.1 x 15.7 x 2.3 cm
Language: English

India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First, it tells the story of how an artefact of British constitutional history, over time, became part of India's legislative system. Second, it offers an empirical account of the ways in which presidents have resorted to ordinances in post-independence India. Third, the book analyses a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, the book explains why much of India's Supreme Court's jurisprudence is mistaken, and what should take its place. Overall, the book explains why the fate of parliamentary reforms in India may be tied to the reform of this provision for ordinances. Presidential Legislation in India offers a new frame through which to assess the executive's legislative powers both in parliamentary and presidential systems.

Part I. Origins and Practice
1. The transplant effect
early origins of ordinances in England and India
2. Surrogate legislation
an empirical account of ordinances, 1952–2009
Part II. Law and Interpretation
3. Negotiating the text
ordinances, Article 123, and the interpretative deficit
4. Reading minds
presidential satisfaction and judicial review of ordinances
5. The power of no
presidents, cabinets, and the making of ordinances.