Acting swiftly after High Court Decision, Rajasthan Government released an Ordinance yesterday after Governor kalyan Singh gave assent to it. The ordinance shall provide statutory sanction required for the OBC Commission. On Wednesday, the High
Court directed the government to constitute a new commission, backed by legislation, by January 15, 2017, and stopped the payment of salary and allowances to the commission member.
The prompt decision to give statutory backing to the commission will help to continue the survey to assess the condition of Jats in
Bharatpur and Dholpur districts so as to give them the OBC status.
What is an Ordinance ?
- Article 123 of the Constitution empowers President to promulgate (issue) Ordinance when Parliament is not in session (in recess).
- Similarly, Article 214 of Constitution empowers Governor to promulgate Ordinances when Vidhan Sabha is not in session.
- An Ordinance has same force & effect as Act passed by parliament/ State legislature.
However, the power of Ordinance has 3 important constraints:
- Legislature is not in session: The President/Governor can only promulgate an Ordinance when either of the two Houses of Parliament/Vidhan Sabha is not in session.
- Immediate action is required: The President/Governor cannot promulgate an Ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action’.
- Parliamentary/Vidhan Sabha approval during session: Ordinances must be approved by Parliament/Vidhan Sabha within 6 weeks of reassembling or they shall cease to operate. They will also cease to operate in case resolutions disapproving the Ordinance are passed by both the Houses.
Why Government released Ordinance?
- High Court in the decision had said that OBC Commission cannot operate, in absence of backing up act and asked to dissolve the commission.
- The Vidhan Sabha is not in session now and so government cannot make the act now.
- In such case, the government has to take the ordinance route.