ENGLISH

Presidential Legislation in India: The Law and Practice of Ordinances

By Shubhankar Dam

Book information

Publisher
Cambridge University Press
Year
2013
ISBN
9781107039711, 2013028338, 1107039711
Language
english
Format
PDF
Filesize
3 MB (2981772 bytes)
Series
Comparative Constitutional Law and Policy
Pages
272\280
Time added
2022-05-02 09:00:36

Description

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 centered around three themes. Firstly, how an artifact of British constitutional history, over time, became part of India's legislative system. Secondly, how, when, and why presidents resorted to ordinances in post-independent India. Thirdly, it analyzes a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, it explains why much of the Indian Supreme Court's analyses are mistaken, and what should take its place. The book explains why the fate of parliamentary reforms may be tied to the reform of this provision for ordinances. Standing at the intersection of constitutional law and political science, Presidential Legislation in India offers a new frame through which to understand executive's legislative powers both in parliamentary and presidential systems. Cover Halftitle Series Title Copyright Dedication Contents List of Tables List of Abbreviations Acknowledgments Introduction: Alternatives to Parliamentary Legislation India’s Other Parliament Ordinances: The Basics The Larger Frame: Notes from Comparative Design The Missing Literature on Ordinances in India The Structure of the Book Part I Origins and Practice 1 The Transplant Effect: Early Origins of Ordinances in England and India A. ‘Ordinance’: Making Sense of Semantics B. The Emperors’ Clothes: Rise and Fall of Ordinances in Medieval England C. The Governor-General’s Legislative Power in British India 1. Early Practices: From Exception to Rule 2. Past Its Autocratic Origins: The Making of ‘Indian’ Ordinances D. Limited Opposition: Ordinances in the Constituent Assembly E. The Case against Ordinances: Why Dr Ambedkar and H. M. Seervai Are Wrong 2 Legislative Surrogacy: Cabinets and Ordinances, 1952-2009 A. Ordinances and the Writing of National Policy 1. Ordinances and Subject-Matter Concentrations 2. Parliamentary Responses to Ordinances B. Parliamentary Sessions and the Convenience of Ordinances 1. Parliamentary Sessions: Provisions, Conventions and Interpretation 2. Proximity to Parliamentary Sessions C. Prime Ministers, Cabinets and the Use of Ordinances D. Why Ordinances Are Widely Used: An Argument E. Conclusion Annex 1 Part II Law and Interpretation 3 Negotiating the Text: Ordinances, Article 123 and the Interpretative Deficit A. Hidden Laws: The ‘Public’ Requirement of Ordinances B. ‘Parallel’ Challenge: The Permissibility of Retrospective and Prospective Provisions 1. The Limits of Retrospective Operation 2. The Limits of Prospective Operation C. Temporary Fiats, Permanent Laws: The Legal Effect of ‘Failed’ Ordinances 1. Bhupendra Bose: A Critique 2. The Semantic Possibilities of Article 123 3. Two Improved Versions Reconsidered D. Ordinance Raj: The Legality of Re-promulgating Ordinances 1. The Re-promulgative Exceptions 2. The Challenge of Contiguous Texts E. Understanding Competence: Substantive Limits on Ordinances F. Conclusion: Doing Away with the Syllogistic Template 4 Reading Minds: Presidential Satisfaction and Judicial Review of Ordinances A. Presidential Satisfaction in Article 356: A False Start? B. Text and Motive: Two Challenges to Overcome C. A Silent Text: Three Strategies for Judicial Review D. The Long Walk towards the Intermediate 1. Taking the Executive at Its Word: The Original View on Motive 2. A Sceptical Assessment: Challenges to the Original View E. President’s ‘Intermediate’ Legislative Power: Introducing a Concept F. Standard of Proof: Reading Presidents’ Minds G. Conclusion: Rethinking Judicial Review 5 The Power of No: Presidents, Cabinets and the Making of Ordinances A. Power to Assent: Controversies and the Limited Consensus 1. The Meaning of Silent Words: President’s Legislative Powers in India 2. ‘President-in-Parliament’: A Reconstructive Exercise B. The Consensus Undone: Ordinances and Intermediate Legislative Power C. Conclusion Conclusion: ‘Edwardian’ Reading of Ordinances Bibliography Index

Similar books

Session C11: Ancient Cultural Landscapes in South Europe – their Ecological Setting and Evolution, Session C22: Gardeners from South America, Session S04: Agro-Pastoralism and Early Metallurgy Sessions, Session WS29: The Idea of Enclosure in Recent Iberian Prehistory, Session C88: Rhytmes et causalites des dynamiques de l'anthropisation en Europe entre 6500 ET 500 BC: Hypotheses socio-culturelles et/ou climatiques: Proceedings of the XV UISPP World Congress (Lisbon 4-9 September 2006) / Actes du XV Congrès Mondial (Lisbonne 4-9 Septembre 2006) Vol.36

Session C11: Ancient Cultural Landscapes in South Europe – their Ecological Setting and Evolution, Session C22: Gardeners from South America, Session S04: Agro-Pastoralism and Early Metallurgy Sessions, Session WS29: The Idea of Enclosure in Recent Iberian Prehistory, Session C88: Rhytmes et causalites des dynamiques de l'anthropisation en Europe entre 6500 ET 500 BC: Hypotheses socio-culturelles et/ou climatiques: Proceedings of the XV UISPP World Congress (Lisbon 4-9 September 2006) / Actes du XV Congrès Mondial (Lisbonne 4-9 Septembre 2006) Vol.36

2010 · PDF

THE BRITISH ARMY IN INDIA: ITS PRESERVATION BY AN APPROPRIATE CLOTHING, HOUSING, LOCATING, RECREATIVE EMPLOYMENT, AND HOPEFUL ENCOURAGEMENT OF THE TROOPS. with AN APPENDIX ON INDIA : THE CLIMATE OP ITS HILLS ; THE DEVELOPMENT OF ITS RESODRCBS, INDUSTRY, AND ARTS ; THE ADMINISTRATION OF JUSTICE ; THE BLACK ACT ; THE PROGRESS OF CHRISTIANITY ; THE TRAFFIC IN OPIUM ; THE VALUE OF INDIA ; PERMANENT CAUSES OF DISAFFECTION, AND OF THE RECENT REBELLION ; THE TRADITIONARY POLICY; MISGOVERNMENT BY NATIVE RULERS ; ANNEXATIONS OF THEIR TERRITORY, ETC.

THE BRITISH ARMY IN INDIA: ITS PRESERVATION BY AN APPROPRIATE CLOTHING, HOUSING, LOCATING, RECREATIVE EMPLOYMENT, AND HOPEFUL ENCOURAGEMENT OF THE TROOPS. with AN APPENDIX ON INDIA : THE CLIMATE OP ITS HILLS ; THE DEVELOPMENT OF ITS RESODRCBS, INDUSTRY, AND ARTS ; THE ADMINISTRATION OF JUSTICE ; THE BLACK ACT ; THE PROGRESS OF CHRISTIANITY ; THE TRAFFIC IN OPIUM ; THE VALUE OF INDIA ; PERMANENT CAUSES OF DISAFFECTION, AND OF THE RECENT REBELLION ; THE TRADITIONARY POLICY; MISGOVERNMENT BY NATIVE RULERS ; ANNEXATIONS OF THEIR TERRITORY, ETC.

1858 · PDF

Idries Shah 27 Books Collection : A Perfumed Scorpion, A Veiled Gazelle, Caravan of Dreams, Darkest England, Destination Mecca, Evenings with Idries Shah, Knowing How to Know, Learning How to Learn, Letters and Lectures of Idries Shah, Neglected aspects of Sufi study, Observations, Oriental Magic, Reflections, Seeker after Truth, Special Illumination, Special Problems in the study of Sufi ideas, Sufi thought and action, Tales of the Dervishes, The Dermis Probe, The Elephant in the Dark, The Englishman Handbook, Idries Shah Antology, The Magic Monastery, The natives are restless, wisdom of the Idiots PDF.

Idries Shah 27 Books Collection : A Perfumed Scorpion, A Veiled Gazelle, Caravan of Dreams, Darkest England, Destination Mecca, Evenings with Idries Shah, Knowing How to Know, Learning How to Learn, Letters and Lectures of Idries Shah, Neglected aspects of Sufi study, Observations, Oriental Magic, Reflections, Seeker after Truth, Special Illumination, Special Problems in the study of Sufi ideas, Sufi thought and action, Tales of the Dervishes, The Dermis Probe, The Elephant in the Dark, The Englishman Handbook, Idries Shah Antology, The Magic Monastery, The natives are restless, wisdom of the Idiots PDF.

2022 · PDF

The travels of Capts. Lewis and Clarke from St. Louis, by way of the Missouri and Columbia rivers, to the Pacific ocean; performed in the years 1804, 1805 & 1806, by order of the government of the United States. Containing delineations of the manners, customs, religion, &c. of the Indians, comp. from various authentic sources, and original documents, and a summary of the Statistical view of the Indian nations, from the official communication of Meriwether Lewis. Illustrated with a map of the country, inhabited by the western tribes of Indians

The travels of Capts. Lewis and Clarke from St. Louis, by way of the Missouri and Columbia rivers, to the Pacific ocean; performed in the years 1804, 1805 & 1806, by order of the government of the United States. Containing delineations of the manners, customs, religion, &c. of the Indians, comp. from various authentic sources, and original documents, and a summary of the Statistical view of the Indian nations, from the official communication of Meriwether Lewis. Illustrated with a map of the country, inhabited by the western tribes of Indians

1809 · PDF

Professional Linux kernel architecture ''Wrox programmer to programmer''--Cover. - ''What you are reading right now is the result of an evolution over more than seven years: After two years of writing, the first edition was published in German by Carl Hanser Verlag in 2003. It then described kernel 2.6.0. The test was used as a basis for the low-level design documentation for the EAL4+ security evaluation of Red Hat Enterprise Linux 5, requiring to update it to kernel 2.6.18 (if the EAL acronym does not mean anything to you, then Wikipedia is once more your friend). Hewlett-Packard sponsored the translation into English and has, thankfully, granted the rights to publish the result. Updates to kernel 2.6.24 were then performed specifically for this book''--P. ix

Professional Linux kernel architecture ''Wrox programmer to programmer''--Cover. - ''What you are reading right now is the result of an evolution over more than seven years: After two years of writing, the first edition was published in German by Carl Hanser Verlag in 2003. It then described kernel 2.6.0. The test was used as a basis for the low-level design documentation for the EAL4+ security evaluation of Red Hat Enterprise Linux 5, requiring to update it to kernel 2.6.18 (if the EAL acronym does not mean anything to you, then Wikipedia is once more your friend). Hewlett-Packard sponsored the translation into English and has, thankfully, granted the rights to publish the result. Updates to kernel 2.6.24 were then performed specifically for this book''--P. ix

2008 · PDF