President & Governor – 18.06.2020

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.

Students please note: You are required to upload your answers in the Comments section under the questions. Only those answers which are uploaded at the right place and before 10pm every day, shall receive feedback from the faculty. Students are advised to upload clear photos or pdfs of handwritten answers.

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