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 after each General Election and also at the commencement of the first session of each calendar year.

 

3.2        In accordance with clause (2) of Article 87, provisions have been made in the Rules of Procedure of the Lok Sabha and of the Rajya Sabha for discussion on the matters 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 Minister of Parliamentary Affairs. The motions 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 criticised 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 2003, the Address was delivered by the President on 17^th  February.  The following table indicates the date of delivery of the Address, the names of movers and seconders of the Motion of Thanks and the date of discussion.   

 

 

Provisions Regarding Ordinance

 

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 the 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 statutory 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 1.1.2003 to 31.03.2004, 8 Ordinances were promulgated by the President.  Out of eight ordinances, one ordinance, namely, the National Tax Tribunal Ordinance, 2003  could not be replaced by an Act of Parliament within stipulated period and lapsed in terms of Article 123 (2) (a) of the Constitution. A copy each of the eight ordinances laid in  English and Hindi versions on the Tables of the Lok Sabha and the Rajya Sabha by the Ministers of State for Parliamentary Affairs. Details regarding these ordinances are given in the following statement:

 

*   The National Tax Tribunal Bill, 2003 was introduced on 8.12.2003.  However, this bill was withdrawn on 23.12.2003 and the National Tax Tribunal No. 2 Bill, 2003 was introduced on 23.12.2003.  The Ordinance was issued in respect of  the Indian Telegraph (Amendment) Bill,  2003  (introduced in  Lok Sabha on 4.8.2003) which  was at that time under examination of  the Standing Committee on Information Technology.  This bill was withdrawn on 19.12.2003 and a new bill, the Indian Telegraph (Amendment) No. 2 Bill, 2003,  was introduced in the Lok Sabha on 19.12.2003

 

3.8        Statutory resolutions seeking disapproval of ordinances were moved in respect of ordinances mentioned at Sl.Nos. 2, 4, 5, 6 and 7 in both Houses and in respect of ordinances at Sl.Nos. 1 and 8 in Lok Sabha. 

 

3.9                                Number of Ordinances Promulgated by the President from 1952 to 2003

 

*No Ordinance was promulgated during 1.1.2004 to 31.03.2004.

 

N.B.: The position regarding governments which were in power at the Centre during the years  in which ordinances were promulgated is as follows:

 

First Lok Sabha:                        April 2, 1952 to April 4, 1957; National Congress (Pandit Jawahar Lal Nehru)

 

Second Lok Sabha:                    April 5, 1957 to March 31, 1962: National Congress (Pandit Jawahar Lal Nehru)

 

Third Lok Sabha:                       April 2, 1962 to March 3, 1967; National Congress (Pandit Jawahar Lal Nehru, from April 1, 1962 to May 27, 1964; Shri Gulzari Lal Nanda from May 27, 1964 to June 9, 1964; Shri Lal Bahadur Shastri from June 9, 1964 to January 11, 1966 and Shri Gulzari 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, 1967 to December 27, 1970: Congress (I) (Smt. Indira Gandhi from March, 4, 1967 to March 15, 1971).

 

Fifth Lok Sabha:                        March 15, 1971 to January 18, 1977: Congress (I) (Smt. Indira Gandhi)

 

Sixth Lok Sabha:                       March 23, 1977 to August 22, 1979: Congress (I)/Janata Party (Smt. Indira Gandhi 18.1.77 to 24.3.77)

(Shri Morarji Desai from March 24, 1977 to July 28, 1979 and Shri Charan Singh from July 28, 1979 to January 14, 1980)

 

Seventh Lok Sabha:                   January 10, 1980 to December 31, 1984: Congress (I), (Smt. Indira Gandhi from January 14, 1980 to October 31, 1984 and Shri Rajiv Gandhi from October 31, 1984 to December 31, 1984)

 

Eighth Lok Sabha:                     December 31, 1984 to November 27, 1989: Congress (I), (Shri Rajiv Gandhi from December 31, 1984 to December 2, 1989)

 

Ninth Lok Sabha:                       December 2, 1989 to March 13, 1991: (Shri V.P. Singh from December 2, 1989 to November 10, 1990 and Shri Chandra Shekhar from November 10, 1990 to June 21, 1991)

 

Tenth Lok Sabha:                      June 20, 1991 to May 10, 1996: Congress (I),  (Shri P.V. Narasimha Rao from June 21, 1991 to May 16, 1996)

 

Eleventh Lok Sabha:                  May 15, 1996 to December 4, 1997; Bharatiya Janata Party/United Front:

(i)                  (Shri Atal Bihari Vajpayee from May 16, 1996 to June 1, 1996;

(ii)                Shri H.D. Deve Gowda from June 1, 1996 to April 21, 1997 and Shri I.K. Gujral from April 21, 1997 to March 19, 1998).

 

Twelfth Lok Sabha:                   March 10, 1998 to April 26, 1999: Bharatiya Janata Party led alliance (Shri Atal Bihari Vajpayee from March 19, 1998 to October13, 1999)

 

Thirteenth Lok Sabha:    October 10, 1999 to February 6, 2004: Bharatiya Janata Party led NDA (Shri Atal Bihari Vajpayee from October 13, 1999 onwards).

 

 

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