000 02327nam a22001937a 4500
003 OSt
005 20151207110553.0
008 151207b xxu||||| |||| 00| 0 eng d
020 _a9781107546028
040 _cSLSN
082 _a328.54077
_bDAN.P
100 _4Dam, Shubhankar
245 _aPresidential legislation in India :
_bthe law and practice of ordinances
260 _aNew York :
_bCambridge University Press,
_c2015.
300 _axiv, 259. p, :
505 _aPart I. Origins and Practice: 1. The transplant effect: early origins of ordinances in England and India; 2. Surrogate legislation: an empirical account of ordinances, 1952–2009; Part II. Law and Interpretation: 3. Negotiating the text: ordinances, Article 123, and the interpretative deficit; 4. Reading minds: presidential satisfaction and judicial review of ordinances; 5. The power of no: presidents, cabinets, and the making of ordinances.
520 _aIndia 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, centred around three themes. First, it tells the story of how an artefact of British constitutional history, over time, became part of India's legislative system. Second, it offers an empirical account of the ways in which presidents have resorted to ordinances in post-independence India. Third, the book analyses a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, the book explains why much of India's Supreme Court's jurisprudence is mistaken, and what should take its place. Overall, the book explains why the fate of parliamentary reforms in India may be tied to the reform of this provision for ordinances. Presidential Legislation in India offers a new frame through which to assess the executive's legislative powers both in parliamentary and presidential systems. • This is the first national study of ordinances - the executive's power to enact legislation – in India • Traces the evolution of ordinances in England and British India, and their incorporation into the Indian Constitution • Provides a detailed empirical account of how and when ordinances have been used
942 _2ddc
_cREF
999 _c558923
_d558923