 bill no 212 of  2017 the constitution (amendment) bill, 2017 byshri rabindra kumar jena,  mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of  india as follows:—short title1 this act may be called the constitution (amendment) act, 20172 in article 123 of the constitution, in clause (2),—(i) for sub-clause (a), the following sub-clause shall be substituted, namely:—amendment of article 1235"(a) shall be laid before both the houses of parliament as the first order of business in the session held immediately succeeding its promulgation and shall cease to operate unless resolutions disapproving or approving the ordinance are passed by both houses, in that session, or in the subsequent session, summoned not more than six months later; and"; and (ii) in the explanation— for the words "six weeks", the words "six months"shall be substituted3 in article 213 of the constitution, in clause (2),—amendment of article 213(i) for sub-clause (a), the following sub-clause shall be substituted, namely:—5"(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, as the first order of business, in the session held immediately succeeding its promulgation and shall cease to operate unless resolutions disapproving or approving the ordinance are passed by both houses in that session or in the subsequent session, summoned not more than six months later; and"; and (ii) in the explanation—for the words "six weeks", the words "six months"shall be substituted10amendment of article 2394 in article 239b of the constitution, in clause (2), for sub-clause (a), the following sub-clause shall be substituted, namely:—15"(a) shall be laid before the legislature of the union territory as the first order of business in the session held immediately succeeding its promulgation and shall cease to operate unless resolutions disapproving or approving the ordinance are passed by the legislative assembly in that session, or in the subsequent session summoned not more than six months later; and" statement of objects and reasonsthe constitution places the responsibility of framing, drafting and passing laws in the able hands of the legislature—the popularly elected body which represents the will of the people a facet of this power is extended to the executive in the form of an ordinance which the president or governor can promulgate under certain emergent conditionsin order to safeguard this power from excesses, the framers of the constitution have gone ahead and set conditions when an ordinance would cease to operate if not placed before the legislature within the notified period the spirit of the constitution is consistent with the principle of legislative supremacy in india's democratic set up; hence the legislature must have the final say in making of lawhowever, since the beginning of the first lok sabha in 1952, 637 ordinances have been promulgated the understanding of 'emergent' conditions has been stretched to include core legislations involving land, financial reforms, foreign direct investments etc in some states, ordinances have been promulgated and re-promulgated for fifteen years without being laid and voted in the legislative assembly or councilin 1986, the supreme court held that the power to promulgate an ordinance is a power to be used to meet an extraordinary situation and it cannot be allowed to be perverted to serve political ends more recently, in january 2017, the supreme court clarified that laying an ordinance before the legislature is a mandatory constitutional obligation cast upon the government of the day re-promulgating ordinances without ever being put to vote for years is a fraud on the constitutionthe constitution in the articles 123, 213 and 239 has not explicitly stated that an ordinance needs to be laid on the houses of legislature summoned succeeding its promulgation hence, this ambiguity is continually misused by the executive to simply change the wording and re-promulgate the ordinancethis bill seeks to make it constitutionally binding on the executive to lay an ordinance promulgated before on legislature in the session held immediately succeeding its promulgation it seeks to mandate that unless the house passes a resolution of approval or disapproval of the ordinance, within that session, it would expire automatically it also gives the executive enough time by allowing it to be placed for approval or disapproval in the next session, not more than six months laterhence this billnew delhi;rabindra kumar jenanovember 28, 2017 annexure extract from constitution of india123 (1)         (2) an ordinance promulgated under this article shall have the same force and effect as an act of parliament, but every such ordinance—power of president to promulgate ordinances during recess of parliament(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 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(b)         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 [10] m c gonzalez-garcia, m c gonzalez-garcia, m213(1)         (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—power of governor to promulgate ordinances during recess of legislature(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)         explanation—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        239b (1)         power of administrator to promulgate ordinances during recess of legislature(2) an ordinance promulgated under this article in pursuance of instructions from the president shall be deemed to be an act of the legislature of the union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239a, but every such ordinance—(a) shall be laid before the legislature of the union territory 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 legislature, upon the passing of the resolution; and(b)                  lok  sabha———— a billfurther to amend the constitution of india————(shri rabindra kumar jena, mp)gmgipmrnd—2657ls(s3)—12-12-2017