Presidential Legislation in India : the Law and Practice of Ordinances.
This book is a study of the president of India's authority to enact legislation (or ordinances) at the national level without involving parliament.
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
New York :
Cambridge University Press,
2013
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| Series: | Comparative constitutional law and policy.
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| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Cover; Halftitle; Series; Title; Copyright; Dedication; Contents; List of Tables; List of Abbreviations; Acknowledgments; Introduction: Alternatives to Parliamentary Legislation; India's Other Parliament; Ordinances: The Basics; The Larger Frame: Notes from Comparative Design; The Missing Literature on Ordinances in India; The Structure of the Book; Part I Origins and Practice; 1 The Transplant Effect: Early Origins of Ordinances in England and India; A. 'Ordinance': Making Sense of Semantics; B. The Emperors' Clothes: Rise and Fall of Ordinances in Medieval England.
- C. The Governor-General's Legislative Power in British India1. Early Practices: From Exception to Rule; 2. Past Its Autocratic Origins: The Making of 'Indian' Ordinances; D. Limited Opposition: Ordinances in the Constituent Assembly; E. The Case against Ordinances: Why Dr Ambedkar and H.M. Seervai Are Wrong; 2 Legislative Surrogacy: Cabinets and Ordinances, 1952-2009; A. Ordinances and the Writing of National Policy; 1. Ordinances and Subject-Matter Concentrations; 2. Parliamentary Responses to Ordinances; B. Parliamentary Sessions and the Convenience of Ordinances.
- 1. Parliamentary Sessions: Provisions, Conventions and Interpretation2. Proximity to Parliamentary Sessions; C. Prime Ministers, Cabinets and the Use of Ordinances; D. Why Ordinances Are Widely Used: An Argument; E. Conclusion; Annex 1; Part II Law and Interpretation; 3 Negotiating the Text: Ordinances, Article 123 and the Interpretative Deficit; A. Hidden Laws: The 'Public' Requirement of Ordinances; B. 'Parallel' Challenge: The Permissibility of Retrospective and Prospective Provisions; 1. The Limits of Retrospective Operation; 2. The Limits of Prospective Operation.
- C. Temporary Fiats, Permanent Laws: The Legal Effect of 'Failed' Ordinances1. Bhupendra Bose: A Critique; 2. The Semantic Possibilities of Article 123; 3. Two Improved Versions Reconsidered; D. Ordinance Raj: The Legality of Re-promulgating Ordinances; 1. The Re-promulgative Exceptions; 2. The Challenge of Contiguous Texts; E. Understanding Competence: Substantive Limits on Ordinances; F. Conclusion: Doing Away with the Syllogistic Template; 4 Reading Minds: Presidential Satisfaction and Judicial Review of Ordinances; A. Presidential Satisfaction in Article 356: A False Start?
- B. Text and Motive: Two Challenges to OvercomeC. A Silent Text: Three Strategies for Judicial Review; D. The Long Walk towards the Intermediate; 1. Taking the Executive at Its Word: The Original View on Motive; 2. A Sceptical Assessment: Challenges to the Original View; E. President's 'Intermediate' Legislative Power: Introducing a Concept; F. Standard of Proof: Reading Presidents' Minds; G. Conclusion: Rethinking Judicial Review; 5 The Power of No: Presidents, Cabinets and the Making of Ordinances; A. Power to Assent: Controversies and the Limited Consensus.
