Presidential Legislation in India

By: Shubhankar Dam

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Synopsis: Despite India's parliamentary system, the president has authority to enact legislation (or ordinances) under certain circumstances without involving parliament. This book is a study of ordinances at the national level in India centered around three main themes. The first is historical: the book explains how an artifact of British constitutional history, over time, became part of India's legislative system. The second is empirical: it offers a detailed account of how, when, and why ordinances have been used in post-independent India. The third is analytical: the book analyzes a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, it explains why much of the Indian Supreme Court's analyses are mistaken, and what should take these ordinances place. Overall, the book explains why the fate of parliamentary reforms in India may be tied to the reform of the provision for ordinances.