Ordinance Raj And Misuse Of Constitutional Power

Lakshya Agarwal, Symbiosis Law School, Noida

Shaswat, Symbiosis Law School, Noida

ABSTRACT

The Indian Constitution outlines the ordinance-making powers of the President and Governors under Articles 123 and 213, allowing them to enact laws during legislative recesses. Originally intended for urgent situations, these provisions have often been misused, leading to an "Ordinance Raj" where executive overreach undermines democratic principles. This paper examines the historical context, constitutional framework, and contemporary misuse of ordinance-making powers in India. It discusses landmark cases like RC Cooper, AK Roy, D.C. Wadhwa, and Krishna Kumar Singh, highlighting judicial attempts to curb this misuse. The analysis reveals how frequent and arbitrary ordinance promulgations erode legislative authority, disrupt the balance of power, and compromise democratic governance. The paper calls for stricter judicial scrutiny and legislative reforms to ensure that ordinances are used only in genuine emergencies, preserving the integrity of the Constitution and democratic institutions.

Keywords: Ordinance Raj, Indian Constitution, executive overreach, democratic governance, judicial review, legislative process.