 bill no 64 of 2015 the constitution (amendment) bill, 2015 byshri bhartruhari mahtab, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20152 (1) in article 123 of the constitution,—(i) in clause (1), the following proviso shall be added at the end, namely:—amendment of article 1235"provided that an ordinance shall not be promulgated if it contains, in substance, all or any of the provisions of—(a) a bill, which, having been introduced by a minister, is pending in either house of parliament;(b) a bill, which, having been introduced in either house of parliament by a minister, has been rejected by either house; or(c) an earlier ordinance, which has ceased to operate or withdrawn in terms of clause (2) of this article";5(ii) after clause (1), the following clause shall be inserted, namely:—"(1a) nothing in the proviso to clause (1) shall prevent the promulgation of an ordinance containing, in substance, all or any of the provisions of a bill rejected by either house, or an earlier ordinance, after the expiry of one year of the date of rejection of the bill, or the date of cessation or withdrawal of an earlier ordinance, as the case may be"; and10(iii) in clause (2), in sub-clause (a), for the words "six weeks", the words "three weeks" shall be substituted 3 in article 213 of the constitution,—amendment of article 213(i) in clause (1), after the existing proviso, the following proviso shall be added, namely:—15"provided further that an ordinance shall not be promulgated if it contains, in substance, all or any of the provisions of—20(a) a bill, which, having been introduced by a minister, is pending inthe legislative assembly of the state or where there is a legislative council in the state, in either house;25(b) a bill, which, having been introduced in the legislative assembly of the state by a minister, has been rejected by the legislative assembly, or where there is a legislative council in the state, having been introduced in either house of the legislature of the state by a minister, has been rejected by either house; and(c) an earlier ordinance, which has ceased to operate or withdrawn in terms of clause (2) of this article";(ii) after clause (1), the following clause shall be inserted, namely:—30"(1a) nothing in the second proviso to clause (1) shall prevent the promulgation of an ordinance containing, in substance, all or any of the provisions of a bill rejected by the legislative assembly of the state, or where there is a legislative council in the state, by either house, or an earlier ordinance, after the expiry of one year of the date of rejection of the bill, or the date of cessation or withdrawal of an earlier ordinance, as the case may be"; and35(iii) in clause (2), in sub-clause (a), for the words "six weeks", the words "three weeks" shall be substituted statement of objects and reasonsarticle 123 of the constitution empowers the president to legislate by promulgating ordinances however, this power, which was conceived of by the framers of the constitution as a measure of last resort, have often been misused by the executive ordinances have been promulgated when there was no urgency and the government could have waited till commencement of the session for approval of legislative measure in normal course similarly, ordinances have been issued when bills containing same provisions are pending in parliament or have been rejected by a house of parliamentto address the above concerns, the bill seeks to amend the constitution to provide that an ordinance shall not be promulgated if it contains, in substance, all or any of the provisions of—(a) a bill, which, having been introduced by a minister, is pending in either house of parliament;(b) a bill, which, having been introduced in either house of parliament by a minister, has been rejected by either house; and(c) an earlier ordinance, which has ceased to operate or withdrawn in terms of clause (2) of article 123 of the constitution it is also being proposed that an ordinance shall cease to operate at the expiration of three weeks from the reassembly of parliament instead of present period of six weeksthe bill also seeks to make corresponding amendments in article 213 in relation to promulgation of ordinances by the governor of a state annexure extract from the constitution of india [10] m c gonzalez-garcia, m c gonzalez-garcia, m123 (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 ordinances as the circumstances appear to him to requirepower of president to promulgate ordinances during recess of parliament(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 houses of parliament and 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; and(b) may be withdrawn at any time by the presidentexplanation—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 [10] m c gonzalez-garcia, m c gonzalez-garcia, m213 (1) if at any time, except when the legislative assembly of a state is in session, or where there is a legislative council in a state, except when both houses of the legislature are in session, the governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:power of governor to promulgate ordinances during recess of legislatureprovided that the governor shall not, without instructions from the president, promulgate any such ordinance if—(a) a bill containing the same provisions would under this constitution have required the previous sanction of the president for the introduction thereof into the legislature; or(b) he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president; or(c) an act of the legislature of the state containing the same provisions would under this constitution have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president (2) an ordinance promulgated under this article shall have the same force and effect as an act of the legislature of the state assented to by the governor, but every such ordinance—(a) shall be laid before the legislative assembly of the state, or where there is a legislative council in the state, before both the houses, and shall cease to operate at the expiration of six weeks from the reassembly of the legislature, or if before the expiration of that period a resolution disapproving it is passed by the legislative assembly and agreed to by the legislative council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the council; and(b) may be withdrawn at any time by the governorexplanation—where the houses of the legislature of a state having a legislative council 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      lok  sabha———— a billfurther to amend the constitution of india————(shri bhartruhari mahtab, mp)gmgipmrnd—4750ls(s3)—03-03-2015