New Delhi: The Supreme Court of India on Monday admitted a PIL by a number of farmers’ bodies challenging the re-promulgation of the Ordinance on Land Acquisition by the President earlier this month and issued notice to Government of India in this matter.
The Narendra Modi led Central Government on April 3 repromulgated the ordinance on Land Acquisition with nine official amendments that were earlier approved by the Lok Sabha. The Land Acquisition Ordinance was to expire on April 5.
The Bill to amend the Land Acquistion Act of 2013 was passed by Lok Sabha during the budget session but it could not get the Rajya Sabha clearance as the ruling NDA lacks majority in the UIpepr House
The petition challenging the re-promulgation of the Ordinance on Land Acquisition says that proroguing the Rajya Sabha to repromulgate the Ordinance is “blatant abuse” of the President’s power under Article 123 of the Constitution.
The Centre can extricate itself on this vexed issue by ensuring the Bill to amend the Land Acquisition Act gets passed in Rajya Sabha when it reconvenes later this month
Article 123 in The Constitution Of India
Power of President to promulgate Ordinances during recess of Parliament
(1) 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, he may promulgate such Ordinance as the circumstances appear to him to require
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance
(a) shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble 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; and
(b)may be withdrawn at any time by the President Explanation Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause
(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void