Points to Remember:
- The question focuses on identifying the specific Government of India Act that granted the President the power to issue ordinances.
- The approach required is factual, relying on knowledge of Indian constitutional history and the relevant Acts.
Introduction:
The power of the President of India to issue ordinances is a crucial aspect of the Indian Constitution, derived from the legislative powers vested in the executive. This power allows the President to promulgate ordinances when Parliament is not in session, enabling swift action on urgent matters of national importance. Tracing the historical evolution of this power requires examining the various Government of India Acts enacted during the British Raj. While the Indian Constitution itself codifies this power, its roots lie in the legislative frameworks established by these Acts.
Body:
Tracing the Evolution of Ordinance-Making Power:
The power to issue ordinances, as it exists today, is not a direct inheritance from any single Government of India Act. However, the foundational elements of this power were gradually developed through various Acts. The earlier Acts did not explicitly grant a power equivalent to the modern presidential ordinance-making power. Instead, the Governor-General held significant legislative powers, often acting through executive orders or proclamations in times of emergency or when the legislature was not in session. These powers, while not identical to the presidential ordinance power, laid the groundwork for its later development.
Government of India Act, 1909 (Morley-Minto Reforms): This Act introduced limited Indian participation in the legislative councils but did not grant the Governor-General any explicit power resembling the modern ordinance-making power. The focus was on expanding legislative representation, not on enhancing executive legislative powers.
Government of India Act, 1919 (Montague-Chelmsford Reforms): Similar to the 1909 Act, the 1919 Act primarily focused on constitutional reforms and did not explicitly grant the Governor-General the power to issue ordinances in the manner we understand it today. While the Governor-General possessed significant executive powers, these were not framed as a distinct power to issue ordinances.
Government of India Act, 1935: This Act significantly expanded the legislative framework and introduced a federal structure. While it didn’t explicitly use the term “ordinance,” the powers granted to the Governor-General in certain circumstances, particularly during emergencies, laid the groundwork for the future presidential ordinance-making power. The Act’s provisions for emergency legislation provided a precedent for the later constitutional provision.
Government of India Act, 1947: This Act was primarily concerned with the transfer of power and the partition of India. It did not significantly alter the legislative powers already established under the 1935 Act. The power to issue ordinances, as it existed in a nascent form under the 1935 Act, continued to exist. The Indian Constitution, enacted later, formally codified and refined this power.
Conclusion:
While the Government of India Act, 1935, did not explicitly grant a power identical to the modern presidential ordinance-making power, it established the foundational elements within its provisions for emergency legislation and the Governor-General’s executive authority. The power, as we know it today, is a product of the evolution of legislative frameworks and is ultimately codified in the Constitution of India. Therefore, none of the options (A, B, C, or D) perfectly answers the question in the sense of a direct and explicit grant of power. However, the Government of India Act, 1935 (C) provided the closest precedent and laid the groundwork for the power as it is exercised by the President today. The Constitution of India, drawing upon the experience and precedents set by the 1935 Act, formalized and refined this crucial executive power, ensuring a balance between legislative and executive functions within the framework of democratic governance. The continued refinement of this power, through judicial interpretations and parliamentary practice, ensures its responsible and effective use in upholding the constitutional values of India.
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