New Delhi, Jan 21: The Centre on Friday cleared the last legal hurdle for the conduct of Jallikattu in Tamil Nadu by issuing a draft ordinance. The ordinance will now have to be promulgated by the President of India Pranab Mukherjee following which it becomes an Act.
[Also Read: What the Jallikattu draft ordinance states]
However, this ordinance will be valid only for a period of six weeks. It would have to be passed by Parliament for it to retain its validity. The President can re-promulgate it, but the Supreme Court says that this cannot be an endless exercise as Parliament takes the final call on the issue.
How is an ordinance promulgated?
An ordinance is an executive order which is issued by the President under Article 213 of the Indian Constitution. An ordinance holds the same force as an Act passed by Parliament.
An ordinance can be passed only when both the Houses of Parliament are not in session. It is looked as a last resort and not as a tool to replace the power of Parliament. An ordinance route is taken only on issues that require immediate consideration.
The ordinance issued is valid only for six weeks from the date of it being issued until the next session of Parliament starts. When Parliament meets, it can either pass the ordinance or reject it.
If Parliament rejects it, it can be re-promulgated by the President. There is no limit on the number of times an ordinance can be re-issued. However, a SC ruling states that this cannot be an endless exercise without getting the vote in Parliament.
The President, however, reserves the right to withdraw an ordinance. Once an ordinance is promulgated, it has to be introduced as a bill in Parliament. Once both the Houses pass the bill it becomes an Act.
In the event of just one house passing the bill and the other sits on it, a joint session can be called to vote for the bill. However, this is not possible in the case of a Money bill as the Rajya Sabha cannot disapprove it.