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UPSC IAS The Hindu and Indian Express Current Affairs 07 January 2017

UPSC IAS The Hindu and Indian Express Current Affairs 07 Jan 2017 highlights are:

  • CivilsPrep – The Hindu Editorials Perspective Analysis

La excellence IAS

My notes 07 Jan 2017

 

07Jan2017

Clamping down on ordinance raj

  1. What is an ordinance?
  2. What are the articles in the constitution providing for ordinance?
  3. How ordinance making power of the executive and law making action of legislature are related to each other?
  4. What are the supreme court guide lines on this matter.
  5. Why the misuse of ordinance making power is increasing/

When banks are awash with cash

  1. What are the major impacts of demonetization on RBI?
  2. What are the arguments of Government on favor of demonetization?
  3. Why private investment and credit growth are not increasing inspite of lowering of interest rates?
  4. What is the way out to spur economic growth in this situation?

Ground zero – Interview preparation – The sisterhood  of  wrestlers

  1. What is the impact of medal winning in women wrestling on
  2. Patriarchal mindset
  3. Sports as a career for women
  4. Son preference

Notes

Ordinance is an executive law making power and it need to be exceptionally used. Art123 and 213 of the constitution provides for this power. It shall be used only when legislature is not in session and when a situation demands so. SC of India in DC wadhwa case has held that repeated promulgation of ordinances is unconstitutional. It also stated that legislature shall not be prorogued for making an ordinance. In Krishna Kumar singh case it held that failure to place an ordinance before legislature constitutes an abuse of power and a fraud on the constitution.

Today, resorting to ordinance is increasing. The major reasons are

  1. Reluctance to face the legislature on issues of inconvenience.
  2. Lack of majority in the upper house for the govt.
  3. Obstructionist attitude of the opposition

If the democracy has to function, legislature control over the executive and separation of powers has to function. Ordinance making, an exception power given to executive shall not become a norm. Political expediency shall not be a ground for ordinance making.

 

When banks are awash with cash

The major determinants of growth are private investment, public investment and private consumption. If demonetisation has to be successful, it has to increase credit growth along with deposit growth in the banks. If not, it may fail the banks. Inspite of lowering of interest rates by banks motivation for credit and private investment is not growing. So, boosting of the confidence of investor is necessary. For this, state has to pump prime the economy. Fiscal policy can be an effective instrument to boost demand in economy. Public investment shall rise.

 

Question of the day

Ordinance shall be seen as an exception also instrument and not as a routine law making tool to bypass the legislature. In this context discuss the reasons for the growth of its misuse and suggest remedies.

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  • vvsn

    An ordinance is made when there is an emergent situation to implement a rule during absence of parliamentary sessions.When parliamentary sessions proceed, the ordinance should be discussed in parliament and shall be made as an act. In some special circumstances like natural calamities,war, internal disturbances and when there is a situation ,where parliamentary sessions cannot be held,such an ordinance shall be extended with permission of president.
    REASONS OR GROWTH OF MISUSE:
    *Fear of discussion in parliament and fear of gaining majority in parliament.
    *An attitude of ruling party to forcefully or undemocratically apply a rule on people for its personal benefits.
    REMEDIES:
    *A Fixed period for an ordinance shall be made by constitutional amendment,such that after certain period of time,if an ordinance is not transformed to Act, such an ordinance shall be lapsed.
    *Only under exceptional circumstances ,an ordinance shall be extended(like natural calamities war etc) unless it should not be extended.

  • Spandana

    Thank you sir

  • Twinkle

    Ordinance is a special legislative power of the executive. This power is given under article 123 and 213 of the Constitution to President and Governor respectively. Ordinance making power is exercised when both or either house is not in session. The purpose is to meet the requirement of unforeseen and urgent matters. The reason for promulgation of are-

    # To fill vacuum when legislature in not is session

    # Lack of majority in upper house and fear of failure of Bill to pass.

    # To avoid obstructionist attitude of the opposition and delay.

    # To avoid Parliamentary discussion

    Indian history is full of evidence of Ordinance passing where the spirit of 123 is often misused, from Bank Nationalisation to Bihar government promulgating over 256 from 1967-1981, present TRAI amendment ordinance and recent Aadhar Bill deliberatly bypassing Rajya Sabha discussion.

    This has impact in following
    # Against democratic principle.

    #gives a psychological effect of an autocratic rule without involvement of various stakeholders.

    Therefore, this power must be exercised only is sudden and immediate situation, but looking at a grim situation where hardly session of parliament are productive, opposition increasing obstructionist tendency, deadlock created by adamant oppostion makes government to resort of ordinance.

    Wayforward

    # Opposition needs to play constructive role in the house.

    # No. of days of Parliament session should be increased.

    # Salaries of MP to be decided on the basis of attendance and constructive hours in Parliament..

    • Yaswanth Reddy

      Last point is good in wayforward

    • sushant ohdar

      Very good answer with full of examples. A lot to learn from your answer.
      In way forward, we can also mention the move of Supreme Court in extending its arms and bringing the ordinance in its judicial capacity is in interest of the Constitution. Thanks

  • Prashant

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