Ordinance Route and the Declining Role of Parliament in India

The Union Government increased the strength of the Supreme Court through an Ordinance issued in May 2026 instead of waiting for the upcoming Parliament session, reigniting concerns about the misuse of Article 123 and the declining role of Parliament in law-making.

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Why is Excessive Use of Ordinances a Concern?

• Erosion of Parliamentary Democracy: Parliament is the primary forum for democratic deliberation, debate, and accountability.
  • Frequent ordinances bypass elected representatives and weaken legislative scrutiny.
• Legislative Shortcut by the Executive: Ordinances were envisaged as an emergency tool, not a substitute for ordinary legislation.
  • Governments increasingly use them as a legislative shortcut when Parliament is not in session.
• Decline in Deliberative Law-Making: Bills are often passed with limited discussion and debate.
  • Laws derive legitimacy from reasoned deliberation and public scrutiny.
• Weakening of Parliamentary Committees: Parliamentary committees provide bipartisan examination and expert consultation.
  • Bills referred to committees declined from about 71% in the 15th Lok Sabha to around 16% in the 17th Lok Sabha.
• Compressed Legislative Time: Important Bills are frequently introduced and passed at high speed.
  • Reduced discussion affects legislative quality and accountability.
• Erosion of Question Hour: Question Hour is a key mechanism for executive accountability.
  • Frequent disruptions weaken Parliament’s oversight function.
• Impact of Anti-Defection Law: MPs often cannot vote according to their individual judgement or conscience.
  • This strengthens party leadership and reduces independent parliamentary debate.

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Judicial Observations

• RC Cooper Case (1970): The Supreme Court held that ordinance-making power is subject to judicial review.
  • Ordinances issued with mala fide intent may be struck down.
• DC Wadhwa Case (1987): The Court criticized repeated re-promulgation of ordinances.
  • Called it a “fraud on the Constitution”.

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Way Forward

• Strengthen Parliamentary Committees: Make committee scrutiny mandatory for significant Bills.
  • Encourage bipartisan participation and expert consultation.
• Regulate Ordinance Usage: Develop clearer constitutional conventions governing ordinances.
  • Require detailed justification for invoking Article 123.
• Enhance Deliberative Processes: Guarantee minimum debate periods for major legislation.
  • Ensure adequate participation by opposition parties.
• Revitalise Question Hour: Protect Question Hour from frequent suspension or dilution.
  • Strengthen accountability mechanisms.
• Improve Legislative Research Support: Expand professional research services for MPs.
  • Enable evidence-based law-making and scrutiny.

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