Ordinance making powers are misused at times.

Ordinance making powers are misused at times. Evaluate the Constitutional and Judicial Safeguards in preventing the same.

Ordinance making powers refer to the power of the executive branch of government to issue ordinances, which are laws that are issued in the absence of the legislative branch. Ordinance making powers are usually exercised in emergency situations when the legislative branch is not in session and there is a need for immediate action to address a pressing issue. While ordinance making powers serve an important purpose, they can also be misused if they are not exercised with care and caution.

There are several constitutional safeguards in place to prevent the misuse of ordinance making powers. Firstly, the Constitution places limits on the scope of ordinance making powers. Ordinances can only be issued on matters that fall within the legislative competence of the executive branch, and they cannot contravene any provisions of the Constitution or any other law. Additionally, the Constitution requires that ordinances be laid before the legislative branch as soon as possible after they are issued, and they can only remain in force for a maximum of six weeks unless they are approved by the legislative branch.

Judicial safeguards also play a role in preventing the misuse of ordinance making powers. The Supreme Court and high courts have the power to review the validity of ordinances and can declare them unconstitutional if they exceed the limits of the ordinance making powers or violate any provisions of the Constitution. In addition, the courts can also issue writs of mandamus to direct the executive branch to comply with the provisions of the Constitution and the laws of the land, including the proper exercise of ordinance making powers.

In conclusion, while ordinance making powers serve an important purpose in addressing emergency situations, they can also be misused if they are not exercised with care and caution. To prevent this, the Constitution places limits on the scope of ordinance making powers and requires that they be laid before the legislative branch for approval. Additionally, the judiciary has the power to review the validity of ordinances and can declare them unconstitutional if they exceed the limits of the ordinance making powers or violate any provisions of the Constitution. These safeguards help to ensure that ordinance making powers are used responsibly and in accordance with the rule of law.