Recently, the President repromulgated the Securities Laws (Amendment) Ordinance, 2014, which expands the Securities and Exchange Board Act’s (SEBI) powers related to search and seizure and permits SEBI to enter into consent settlements.  The President also promulgated the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, which establishes special courts for the trial of offences against members of Scheduled Castes and Scheduled Tribes.  With the promulgation of these two Ordinances, a total of 25 Ordinances have been promulgated during the term of the 15th Lok Sabha so far. Ordinances are temporary laws which can be issued by the President when Parliament is not in session.  Ordinances are issued by the President based on the advice of the Union Cabinet. The purpose of Ordinances is to allow governments to take immediate legislative action if circumstances make it necessary to do so at a time when Parliament is not in session. Often though Ordinances are used by governments to pass legislation which is currently pending in Parliament, as was the case with the Food Security Ordinance last year. Governments also take the Ordinance route to address matters of public concern as was the case with the Criminal Law (Amendment) Ordinance, 2013, which was issued in response to the protests surrounding the Delhi gang rape incident. Since the beginning of the first Lok Sabha in 1952, 637 Ordinances have been promulgated. The graph below gives a breakdown of the number of Bills passed by each Lok Sabha since 1952, as well as the number of Ordinances promulgated during each Lok Sabha. Ordinances Ordinance Making Power of the President The President has been empowered to promulgate Ordinances based on the advice of the central government under Article 123 of the Constitution. This legislative power is available to the President only when either of the two Houses of Parliament is not in session to enact laws.  Additionally, the President cannot promulgate an Ordinance unless he ‘is satisfied’ that there are circumstances that require taking ‘immediate action’. Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate. They also cease to operate in case resolutions disapproving the Ordinance are passed by both Houses. History of Ordinances Ordinances were incorporated into the Constitution from Section 42 and 43 of the Government of India Act, 1935, which authorised the then Governor General to promulgate Ordinances ‘if circumstances exist which render it necessary for him to take immediate action’. Interestingly, most democracies including Britain, the United States of America, Australia and Canada do not have provisions similar to that of Ordinances in the Indian Constitution. The reason for an absence of such a provision is because legislatures in these countries meet year long. Ordinances became part of the Indian Constitution after much debate and discussion. Some Members of the Constituent Assembly emphasised that the Ordinance making power of the President was extraordinary and issuing of Ordinances could be interpreted as against constitutional morality. Some Members felt that Ordinances were a hindrance to personal freedom and a relic of foreign rule. Others argued that Ordinances should be left as a provision to be used only in the case of emergencies, for example, in the breakdown of State machinery. As a safeguard, Members argued that the provision that a session of Parliament must be held within 6 months of passing an Ordinance be added. Repromulgation of Ordinances Ordinances are only temporary laws as they must be approved by Parliament within six weeks of reassembling or they shall cease to operate. However, governments have promulgated some ordinances multiple times. For example, The Securities Laws (Amendment) Ordinance, 2014 was recently repromulgated for the third time during the term of the 15th Lok Sabha. Repromulgation of Ordinances raises questions about the legislative authority of the Parliament as the highest law making body. In the 1986 Supreme Court judgment of D.C. Wadhwa vs. State of Bihar, where the court was examining a case where a state government (under the authority of the Governor) continued to re-promulgate Ordinances, the Constitution Bench headed by Chief Justice P.N. Bhagwati observed: “The power to promulgate an Ordinance is essentially a power to be used to meet an extraordinary situation and it cannot be allowed to be "perverted to serve political ends". It is contrary to all democratic norms that the Executive should have the power to make a law, but in order to meet an emergent situation, this power is conferred on the Governor and an Ordinance issued by the Governor in exercise of this power must, therefore, of necessity be limited in point of time.” Repromulgation

Ordinances by governments
 
Thanks to Vinayak Rajesekhar for helping with research on this blog post.

On November 28, 2012, the Comptroller and Auditor General submitted its report on the implementation of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM).  According to the report most of the projects initiated under JNNURM have not been completed.  For instance with respect to urban infrastructure projects, only 231 projects out of the 1298 sanctioned projects have been completed.  Similarly, with respect to housing projects, only 22 of the 1517 projects have been completed.  Some of the other key recommendations of the report are:

  •  Some of the reasons for the delay in completing the projects include: (i) delay in acquiring land; (ii) deficiency in preparation of projects; and (iii) non-identification of beneficiaries which increased the risk of ineligible beneficiaries getting the benefits.
  •  A total allocation of Rs 66,084 crore had been made by the Planning Commission.  However, against this total allocation, the central government had made an allocation of only Rs 37,070 out of which until March 30, 2011 only Rs 32,934 had been released.
  • There was a delay in releasing these funds to the states.  A large portion of the funds was released only in the last quarter and more particularly in March.
  • The JNNURM guidelines were deficient as they did not provide adequate guidance to the states on the method of parking the funds and utilization of interest.

The need and objectives of JNNURM According to the 2011 census India’s urban population has increased from 286 million in 2001 to 377 million in 2011 .  With the increase in urban population, there is a requirement to improve the urban infrastructure and improve the service delivery mechanisms.  With these specific objectives in mind, the central government launched the Jawaharlal Nehru National Urban Renewal Mission 2005-2006.  The aim of the Mission is to encourage reforms and fast track planned development of identified cities (such as cities with a population of more than 1 million as per the 2001 census).  JNNURM has two main components namely : (i) Urban Infrastructure and Governance  and (ii) Urban Infrastructure Development for Small and Medium Towns. The duration of JNNURM was from 2005-06 to 2011-12. However, as the projects have not been completed the Government has extended its duration until March 2014. Funds for JNNURM The funds for JNNURM are provided through the Additional Central Assistance.  This implies that the funds are provided as grants to the states directly from the centre.   In the 2012 Union Budget, the central government has allocated Rs 12,522 crore for JNNURM. This represents around 10 % of the total central assistance through the different schemes to states and union territories in 2012-13. As on June 30 2012, 554 projects at a total cost of Rs 62,253 crore have been sanctioned under the Urban Infrastructure and Governance sub-mission of JNNURM.   The table below shows the status of the sanctioned JNNURM  projects in the different states. State wise status of the projects under JNNURM                 (as on August 6, 2012)

Name of State Total Allocation (Rs Lakh) Number of sanctioned projects Completed Projects
Andhra Pradesh 2,11,845 52 18
Arunachal Pradesh 10,740 3 NA
Assam 27,320 2 NA
Bihar 59,241 8 NA
Chandigarh 27,087 3 NA
Chattisgarh 24,803 1 NA
Delhi 2,82,318 23 4
Goa 12,094 2 NA
Gujarat 2,57,881 72 40
Haryana 32,332 4 NA
Himachal Pradesh 13,066 5 NA
Jammu & Kashmir 48,836 5 NA
Jharkhand 94,120 5 NA
Karnataka 1,52,459 47 22
Kerala 67,476 11 NA
Madhya Pradesh 1,32,850 23 7
Maharashtra 5,50,555 80 21
Manipur 15,287 3 NA
Meghalaya 15,668 2 NA
Mizoram 14,822 4 NA
Nagaland 11,628 3 NA
Orissa 32,235 5 NA
Punjab 70,775 6 1
Puducherry 20,680 2 NA
Rajasthan 74,869 13 2
Sikkim 10,613 2 NA
Tamil Nadu 2,25,066 48 12
Tripura 14,018 2 NA
Uttar Pradesh 2,76,941 33 4
Uttarakhand 40,534 14 NA
West Bengal 3,21,840 69 15

Source: Jawaharlal Nehru National Urban Renewal Mission; PRS.

  • Gujarat at 55.55% has the highest number of completed projects, while Uttar Pradesh at 12.24% has the lowest number of completed projects.
  • Out of the larger states, Delhi and Maharashtra at 17% and 26% have a comparatively low rate of completed projects.
  • Maharashtra has the highest number of sanctioned projects, while the North Eastern states, Chattisgarh and Puducherry have the lowest number of sanctioned projects.