CHAPTER – III
PRESIDENT’S ADDRESS AND ORDINANCES
President’s Address
3.1 Article 87(1) enjoins upon the President to address both Houses of Parliament assembled together at the commencement of the first session of each calendar year.
3.2 In
accordance with clause (2) of Article 87, provisions has been made in the Rules
of Procedure of the Lok Sabha and of the Rajya Sabha for discussion on the
matter referred to in the President’s Address. The debate in both Houses takes place on a Motion of Thanks
which is moved and seconded by members selected by the Minster of Parliamentary
Affairs. The motion duly signed by
such members are forwarded by the Ministry of Parliamentary Affairs to the
Parliament Secretariat concerned.
The scope of the discussion on the Address is very wide and members are
free to speak on any subject, whether
national or international.
Even matters not specifically mentioned in the Address are touched upon
by members through tabling of
amendments to the Motion of Thanks on the Address or through
participation in the debate. The
office of the President is not criticized for anything contained in the
Address, as it is drafted by the Government. The criticism, if any, has to be directed towards the
Government.
3.3 In
1998 , the Address was delivered by the President on 25 March, 1998 at the
commencement of first session after General Elections, 1998.
Provisions
Regarding Ordinances
3.4
According to Article 123, if at any time, (except when both Houses of
Parliament are in Session), the President is satisfied that circumstances exist
which render it necessary for him to take immediate action, the President may
promulgate an Ordinance as the circumstances appear to him to require. Such Ordinances shall have the same
force and effect as an Act of Parliament
but they should not contain any provision which Parliament would not
under the Constitution be competent to enact. The said Article further stipulates laying of Ordinances
before both Houses of Parliament.
Provision also exists for moving Statutory Resolutions seeking their
disapproval. Under the
Constitution, an Ordinance shall cease to operate at the expiration of six
weeks from the reassembly of Parliament, or if before the expiration of that
period, Resolutions disapproving it are passed by both Houses, upon the passing
of the second of those Resolutions.
Where the Houses of Parliament are summoned on different dates, the
period of six weeks shall be reckoned from the later of those dates.
3.5
Provisions have been made in the Rules of Procedure of the two Houses for
laying of statements explaining the circumstances which necessitated
promulgation of Ordinances so that members might make use of the same while
deliberating upon them.
3.6 The
Ministry of Parliamentary Affairs ensures compliance of various provisions of
the Constitution of India and the Rules of Procedure and Conduct of Business in
the two Houses of Parliament by
arranging laying of copies of the Ordinances, requesting the Ministries to lay
explanatory statements and providing time for consideration of Resolutions
seeking disapproval of the Ordinances alongwith consideration of Bills seeking
to replace these Ordinances. All
efforts are made to get action completed well within the period of six weeks as
stipulated in the Constitution.
Ordinances
3.7
During the period from 1.4.98 to 31.12.1998, 16 Ordinances were promulgated by
the President . Out of these
sixteen Ordinances, eight Ordinances has been repromulgated. These Ordinances had to be
repromulgated because these could not be replaced by Acts of Parliament within
stipulated period in terms of Article 123 (2) (a) of the Constitution. Excluding one ordinance which was
promulgated after prorogation of Winter Session, 1998, a copy each of the
remaining fifteen Ordinances (English & Hindi versions) were duly laid by the Ministers of State in the
Ministry of parliamentary Affairs, on the Table of the Lok Sabha and Rajya
Sabha as indicated in the following statement which also gives others details
about their replacement , if any, by Acts of Parliament:.
Sl. Title
of the Ordinance Date
of Introduction Consideration Date of assent
No. & date of
promulgation laying of Bill replacing and
passing of & Act No.
the
Ordinance the
Bill
L.S. R.S. L.S. R.S.
1. The
Finance (Amend- 27.5.98 28.5.98 29.5.98 4.7.98 6.7.98 July
7, 98
ment)
Ordinance,1998
(L.S.) ________
(No.5
of 1998) 16
of 1998
(21.4.98)
2. The
Lotteries (Regu- 27.5.98 28.5.98 27.5.98
4.7.98 6.7.98 July
7, 98
lation) Ordinance,1998 (L.S)
7.7.98
________ (No. 6 of 1998) 17
of 1998
(23.4.98)
3. The
Merchant Shipping 27.5.98 28.5.98
1.6.98 10.6.98
3.6.98 June
6, 98
(Amendment) Ordinance, (R.S) ________
1998 (No. 7of 1998)
9
of 1998
(23.4.98)
4. The
Employees’ Provi- 27.5.98 28.5.98
7.8.98 9.6.97 1.6.98 June
22, 98
dent Funds and Misce-, (R.S)
________ llineous Provisions
10
of 1998
(Amendment)
Ordinance,
1998(No.
8 of 1998)
(23.4.98)
5. The
National Institute 27.5.98 28.5.98 28.5.98 4.6.98 11.6.98 June
26, 98
of Pharmaceutical Edu- (L.S) ________
cation and Research 13
of 1998
(Second)
Ordinance,1998
(No.9
of 1998) (23.4.98)
6. The
Payment of Grat- 27.5.98 28.5.98 24.7.97 10.6.98
1.6.98 June
22, 98
uity (Amendment) (R.S)
2.6.98 ________
Ordinance, 1998 11
of 1998
(No. 10 of 1998)
(23.4.98)
7. The
High Court and 27.5.98 28.5.98 28.5.98 4.7.98 6.7.98 July
7, 98
Supreme Court Judges (L.S) ________
(Conditions of Service) 18
of 1998
(Amendment)Ordinance,
1998,
(No. 11 of 1998)
(23.4.98)
8. The
Representation of 27.5.98 28.5.98
1.6.98 10.6.98
2.6.98 June
22, 98
the People (Amendment) (R.S) ________
Ordinance, 1998 12
of 1998
(No.
12 of ) (24.4.98)
9. The
Essential Commo- 27.5.98 28.5.98 29.5.98
dities
(Amendment)
(L.S.) Referred
to Joint
Ordinance,
1998 (No. Committee
on 9.7.98
13
of 1998) (25.4.98) and
Report presented
on
9.12.98
10. The
Electricity Regul- 27.5.98 28.5.98
3.6.98
9.6.98 12.6.98 July
2, 98
atory
Commissions (L.S.) ________
Ordinance,
1998 (No. 14
of 1998
14
of 1998) ( 25.4.98)
11 The
Central Vigilance 2.12.98 30.11.98 7.12.98
Commission
Ordinance (L.S.)
1998,
(No.15 of 1998)
(25.8.98)
12. The Prasar
Bharati 2.12.98 30.11.98 1.6.98 31.7.98
(Broadcasting
Cor- (L.S)
poration
of India)
(Amendment)
Ordi-
nance,
1998 (No. 16
of
1998) (26.8.98)
13. The
Outfields (Regul- 2.12.98 30.11.98 27.7.98 2.12.98 8.12.98 Dec
21, 98
ation and Development) (L.S) ________
(Amendment) Ordinance, 29
of 1998
1998
(No. 17 of 1998)
(3.9.98)
14. The Central
Vigilance 2.12.98 30.11.98 7.12.98
Commission
(Amend- (L.S)
ment) Ordinance, 1998
(No.
18 of 1998)
(27.10.98)
15. The
Companies (Amen- 2.12.98 30.11.98 22.12.98 22.12.98
dment)
Ordinance, 1998 (L.S.) (Discussed
(No.
19 of 1998) inconclusively)
(31.10.98)
16. The Finance (No.
2)
(Amendment)
Ordinance,
1998 (No. 20 of 1998)
(31.12.98)
3.8 Resolutions seeking
disapproval of Ordinances were moved in respect of Ordinances mentioned at Sl.
No. 2,4,7,8,10 and 13 in both Houses and in respect of Ordinances at Sl. No.
1,3,5,6,9,12 and 15 in Lok Sabha only.
ORDINANCES PROMULGATED BY THE PRESIDENT FROM 1952 TO 1998
|
Year
No.of
Year
No. of |
|||
|
1952 |
9 9 9 7 1 8 3 13 13 5 9 15 16 6 10 1 15 8 7 10 21 14 32 20 |
1953 1955 1957 1959 1961 1963 1965 1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 |
7 7 6 3 3 . 7 9 10 23 4 29 16 10 12 11 8 10 2 9 34 15 31
|
N.B. The position regarding Governments which were in power at the Center during the years in which Ordinances were promulgated is as under:-
First Lok Sabha : April 2, 52 to April 4, 57: National Congress (Pandit Jawahar Lal Nehru)
Second Lok Sabha : April 5, 57 to March 31, 62: National Congress (Pandit Jawahar Lal Nehru)
Third Lok Sabha : April 2, 62 to March 3, 67: National Congress (Pandit Jawahar Lal Nehru from April 2, 62 to May 27, 1964, Shri Guljari Lal Nanda from May 27, 1964 to June 9, 1964, Shri Lal Bahadur Shastri from June 9, 1964 to January 11, 1966 and Shri Guljari Lal Nanda from January 11, 1966 to January 24, 1966 and Smt. Indira Gandhi from January 24, 1966 to March 3, 1967)
Fourth Lok Sabha : March 4, 67 to December 27, 70: Congress (I) (Smt. Indira Gandhi)
Fifth Lok Sabha : March 15, 71 to January 18, 77 : Congress(I) (Smt. Indira Gandhi)
Sixth Lok Sabha : March 23, 77 to August 22, 79: Congress (I)/Janata Party (Smt. Indira Gandhi 18.1.77 to 24.3.77)
(Shri Morarji Desai from March 24, 77 to July 28,79 and Shri Charan Singh from July 28, 79 January 14, 80)
Seventh Lok Sabha: January 10, 80 to December 31, 84 : Congrrss (I) (Smt. Indira Gandhi from January 14 , 80 to October 31, 84 and Shri Rajiv Gandhi from October 31, 84 to December 2, 89)
Eighth Lok Sabha: December 31, 84 to November 27, 89: Congress(I) (Shri Rajiv Gandhi from October 31, 84 to December 2, 1989)
Ninth Lok Sabha December 2,89 to March 13, 91: (Shri V. P.Singh from December 2, 89 to November 10, 90 to and Shri Chandra Shekhar from November 10, 90 to June 21, 91)
Tenth Lok Sabha: June 20, 91 to May 10 , 96 : Congress (I) Shri P.V.Narasimha Rao from June 21, 96 to May 16, 1996)
Eleventh Lok Sabha: May 15, 96 to December 4, 1997: Bharatiya Janata Party /United Front
(i) (Shri Atal Bihari Vajpayee from May 16, 96 to June 1, 1996): June 1, 96 to March 19, 1998 : United Front
(ii) (Shri H.D.Deve Gowda from June 1, 96 to April 21, 1997 and Shri I.K.Gujral from April 21, 1997 to March 19, 1998
Twelfth Lok Sabha: March 10, 98 onwards: Bharatiya Janata Party (Shri Atal Bihari Vajpayee from March 19, 1998)
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