Q1. Examine and elucidate the constitutional scope of Ordinance Making powers of the President and the Governors in India. (20)
[2014/Law I/3(a)]
Answer Approach:
• Introduction: Briefly define what ordinance making power(OMP) of the President and Governor is.
• Main body: Discuss the important ingredients/conditions that need to be fulfilled to exercise the power. Discuss with the help of landmark judgements, the observations on the constitutionality of the use of OMP. Give some illustrations as to what would be considered as a misuse of the OMP.
• Conclusion: Conclude with a statement encapsulating the gist of what can be considered as a constitutional exercise of the OMP.
• Tip for students: For these type of questions, students are advised to focus more on the constitutional provisions and the principles laid down by 1-2 important case laws rather than trying to include many case laws into a single answer.
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