This article explains the difference between an ordinance and a bill in India, including the process of making them into law, the level of scrutiny they receive, and their respective purposes.
The difference between an ordinance and a bill in India
In India, the process of enacting laws involves the introduction of a bill in either house of parliament, followed by debate and voting. However, there are situations where the government may need to make laws in the absence of parliament, such as in cases of emergency or urgent need. This is where ordinances come into play. But what exactly is the difference between an ordinance and a bill in India?
An ordinance is a law that is promulgated by the President of India or the Governor of a state when the parliament or state legislature is not in session. It has the same legal status as an act of parliament, but it is only valid for a period of six months. Ordinances are issued when the government needs to pass a law urgently, without waiting for the next session of parliament or state legislature.
On the other hand, a bill is a proposed law that is introduced in either house of parliament. It has to go through several stages of debate and voting before it can become an act of parliament. Bills can be introduced by any member of parliament, including the government, opposition, or private members.
The key difference between an ordinance and a bill is the process of making them into law. While an ordinance is promulgated by the President or Governor, a bill has to go through both houses of parliament or state legislature, and it can take several months or even years to become an act of parliament. Ordinances are meant to be a temporary measure, whereas bills are a more permanent solution.
Another difference between an ordinance and a bill is the level of scrutiny they receive. Bills are subject to intense debate and scrutiny by both houses of parliament or state legislature, as well as by parliamentary committees and the public. On the other hand, ordinances are issued without the benefit of this scrutiny and can be challenged in court if they are found to be unconstitutional or beyond the power of the executive.
In conclusion, both ordinances and bills are important tools for enacting laws in India, but they serve different purposes and follow different processes. While an ordinance is a temporary measure that is issued in the absence of parliament, a bill is a proposed law that has to go through several stages of debate and voting before it can become an act of parliament. Understanding the difference between the two is essential for anyone interested in the workings of the Indian legal system.