Sign up now
to enroll in courses, follow best educators, interact with the community and track your progress.
Download
7th January, 2017: Editorial Analysis of The Hindu and other Newspapers
3,192 plays

More
Today's lesson covers the Editorials from The Hindu, Indian Express and Livemint. The topics discussed are- Demonetisation and economic implications, Ordinances-Judicial review, Farmer suicides and EPW article on Energy, social norms and Gender- women empowerment.

Deepanshu Singh is teaching live on Unacademy Plus

Deepanshu Singh
Faculty- Indian Polity and Current Affairs| UPSC CSE Reserve list 2015| Consultant-G.O.I. Loves Geography Teaching since 2015

U
Unacademy user
sir you are a great teacher......
As per the constitution, the power to make legislation lies with the Parliament/State legislature. But in the recent times we witness instances where both Judiciary (through Judicial adventurism) and executives (through ordinance) are usurping this power. The main reason for granting the power of ordinance to the executive is that, Parliament meets only 3 times a year and if any emergency legislation is required during that time (Funds cannot be appropriated from Consolidated fund of India without the approval of Parliament). Government can still use the Contingency fund but it will not be enough if more funds are needed (as in case of huge disasters). But this is one of the powers which has been frequently misused, on par with Article 356. In 1986, SC declared that re-promulgation of ordinance is unconstitutional although Article 123 bars SC from Judicial review. But in current scenario where the parliament is being repeatedly stalled because of politics, it may appear as a good reason for using ordinance to promulgate important legislations. Recent Judgement of SC, on Judicial review of ordinance will check the use of it but still an interference in then executive process. Although it can be misused like Article 356, ordinance route is an essential tool for good governance during emergencies. So, we need proper check on its use, not by the judiciary but by the legislature itself. Legislation should be made strong regarding the ordinance as well as the separation of power as whole.
Kindly review :)
Akash Sharma
3 years ago
hi vignesh your answer is good but i didn't know anything about this question so please guide me what is question is asking about
Hi Akash, this question is regarding whether we need power of ordinance or not, you can read some articles regarding Article 123 and also Hindu editorials to get a clear view on that :)
Jyoti Singh
3 years ago
Hey !! Vignesh, What i like most in your answer was the usages of articles. Keep Writing.....!!!
Thank you Jyoti :)
Jyoti Singh
3 years ago
Welcome Alwaysssss.....!!!
Iqbal Yusuf
3 years ago
Well channelized answer Vignesh and Resourcefull answer by Jyoti. As you two mentioned relevant points I want one point eor you consideration On a hearing on a petition challenging imposition of president's rule in Uttarakhand Cheif Justice K.M Joseph said "The power of judicial review is with courts.It cannot be with the president.In earlier times,court wouldn't interfere [in President's decision].There is nothing such as non-reviewability or absolute Power." On centre's argument that the President took the decision to impose Article 356 in his 'political wisdom". CJ said "People can go wrong,be it the president or judges" so article 123 and 213 or 356 all can be reviewed contextually and intention of decision....
Roobitha Masanam
3 years ago
Nice answer vignesh.. Informative :)
Thank you Roobitha :)
True Iqbal. But I think we are giving extraordinary powers to the Judiciary and most importantly we do not have any one to check the powers of SC. I think president is the best person to hold that responsibility(should be given discretionary power)
Akash Sharma
3 years ago
Vignesh thank you
Utsav Srivastav
3 years ago
Hi Vignesh ! excellent answer, conclusion is i think is incomplete as if you want to remove it or not is not specified.
Hardik Siroha
3 years ago
Good answer Vignesh. However i think there has been some misinterpretation of question.In some points your answer isn't matching the demands of question. Still its handled quite well by you.
Very informative ans vignesh. Can this question be answered from comparing other countries ordinance power to that of india and explaining the pros and cons ?
Gaurav Sharma
3 years ago
Hi Vignesh, very nice answer, you have suggested and mentioned your own views, which is very good. Keep it up!
Unacademy User
3 years ago
Gud one Vignesh..
nicely written as always Vignesh :)
Iqbal Yusuf
3 years ago
Yes Vignesh at present time we are coming up with some judicial over reach also as for example National anthem verdict. Nowadays courts are theoretical in their verdict rather to heed on the scenarios and efficient implementations like in interpretation of Article 123(3) of RPA........
Hi Utsav, Thank you :) Yeah I forgot to give a direct answer to that part of question :)
Hi Hardik, I think there are 4 parts of the question, Why we need ordinance?Whether it's use is rationale or not? whether SC order achieved anything good? we need ordinance or nor? Except the 4th part I hope I answered the first 3. Am I missing anything?? :(
Thank you for the review guy :) You can attempt the answer writing in PIB summary as well :)
Hi Vignesh.... your structure is framed nicely... but can we write about judicial adventurism in this answer. Becuase it talks obout ordinance. Please answer. Also, your have added examples in your answer which is nice. Please review mine.
Thank you for reviewing Ravi :)
Udaya Sri
3 years ago
good one vignesh :) review mine too. i kinda missed the last part just like you ;)
Thank you Udaya :)
Dumb Hero
3 years ago
Such a good answer bro
Article 123 and 213 of Indian Constitution bestow power to promulgate ordinances over President and Governor respectively.Dr BR Ambekar viewed it as a “necessary evil” something to be used in “extreme” or “emergency” situations.Honourable Supreme Court has termed repeated ordinances as “unconstitutional”. The recent and previous judgement of SC and High Courts no way facilities use of ordinances as: 1.They widens the scope of Judicial Review.As both motive as well as evidence used can be challenged. 2.Perpetual promulgation of ordinances without laying them in Parliament or Vidhan Sabha has been described as “constitutional fraud”. The arguments for replacing ordinance making power are: 1.The ordinance is a relic of “colonial era”.It was kept in Constitution only as a “safeguard” or “contingency” measure. 2.Deliberation, debate and discussion are the three pillars of a flourishing democracy. It strikes at the very foundation of them. 3.It violates Montesequie principle of “Separation of Power”. Work of Legislature is encroached upon by Executive. 4.Its used by Executive for “nefarious" purposes.Shielding a politician from a SC order a few years back is an exemplification of it. However, there was a reason that Dr Ambekdar used adjective of “necessary evil” for it.Time and again it has been a blessing for nation too.We need to understand that “moral” and “constitutional” checks are as important as “legal” checks.Hence, any decision on such a power shall be balanced,holistic and visioned.Governance is a value neutral term. In itself its neither good nor bad.Same is with ordinances.
Hardik Siroha
3 years ago
Please review people :) Phew the most difficult question put up by Deepanshu sir.
Utsav Srivastav
3 years ago
Excellent answer Hardik, each implication has been specifically explained through inverted commas, keep it up and conclusion is best. very nice. Review mine too.
Hardik Siroha
3 years ago
Thanks Utsav. Sure i will :)
Roobitha Masanam
3 years ago
To the point answered.. Very well written..
Hardik Siroha
3 years ago
Thanks Roobitha :)
Deeps Leelar
3 years ago
Nicely written and informative also ... I'm little afraid how to start writing because sometimes content in mind is very less ...I'm beginner also
Hardik Siroha
3 years ago
Thanks Deeps
Hardik Siroha
3 years ago
See the only way to overcome that fear is to start writing.Read newspaper article and if required read other sources.Initially it might take you upto one hour too.But even then do it.After that once you start writing slowly and gradually this time will become less.
Deeps Leelar
3 years ago
Thanks Hardik for replying ... Iam qualified for writing this time in mains in Rajasthan PSC
Uma Devi R
3 years ago
Excellent write up for a thought provoking question :) Instead of Colonial era, It could have been GOI Act 1935, as its more specific.
Hardik Siroha
3 years ago
Welcome Deeps and best of luck
Hardik Siroha
3 years ago
Thanks Uma, ya you're right. i actually didn't know it come from GoI Act 1925 too.
Deeps Leelar
3 years ago
Thank you for well wishing and really appreciate your writing skills keep it up
Very nice answer Hardik. The quotes are very informative, Keep it up :) You can also attempt the question from PIB as well
Hardik Siroha
3 years ago
thanks vignesh. oh do we have daily questions there too?
Yup :)
Dumb Hero
3 years ago
Really good answer bro ... Keep writing... Thankyou
Hardik Siroha
3 years ago
Thanks Gokhan
Power of the three organs (executive, Legislative, Judicial) of our constitution is neither ABSOLUTE nor DEPENDENT on each other. Separation of powers is indeed interdependent on each other. Constitution of India empowers president to promulgate ordinance under article123 and article 213. He can do so only when the parliament is not in session. It is rather an unusual power, not found in most of the democratic countries of the world.It should be used cautiously to address any needful or immediate situations when the parliament is not in session. But unfortunately, Govt of Bihar had used the power unjudicially and promulgated 256 ordinances which were kept in force for about 1 to 14 yrs by re-promulgation. In DC Wadhwa case (1987), SC said it unconstitutional. Recently also in Krisnha kumar singh vs state of Bihar case, SC gave its judgement that it was a fraud on constitution. So, Ordinance making power of President should be an alternative in need of time and cannot be used as a substitute for Legislative power of the state.
Roobitha Masanam
3 years ago
Friends.. Kindly review my answer
Utsav Srivastav
3 years ago
Hi Roobitha! I read your answer it is crisp and lucid. Keep it up! one thing is that conclusion can be enhanced in a much better way.
Roobitha Masanam
3 years ago
Thank you srivastav.. I'll work on it :)
Nice answer Roobitha your examples are good.
Roobitha Masanam
3 years ago
Thank you.anitha :)
Hardik Siroha
3 years ago
really good content Roobitha. A little mismatch is there in Q and A.But still you have put striking arguments with facts.
Roobitha Masanam
3 years ago
Thank you hardik.. I have just started writing answers.. I'll soon come along :)
Hardik Siroha
3 years ago
i mean take it as just a constructive criticism not like am stating your answer to be lacking or anything :)
Roobitha Masanam
3 years ago
Sure,, Criticisms are always welcome.. Its only a way to improve our answers :)
Very crisp answer Roobitha :) But I felt something is missing from your answer though am not sure of what it is :) But your answer is really good, Keep writing and reviewing :)
Roobitha Masanam
3 years ago
I think I have not given enough examples and justified my answer.. Thank you vignesh..
The President and Governor both are empowered to promulgate ordinances under the Article 123 and 213 of the constitution respectively. It is important to mention here that framers of our constitution envisaged ordinance making power in order to deal with unforeseen and urgent matters. But since independence this exclusive power had been misused many a times. In RC Cooper vs. Union of India(1970) the Supreme Court while examining the constitutionality of the Banking Companies Ordinance, 1969 which sought to nationalise 14 of India's largest commercial banks, held that the President's decision can be challenged on the grounds that 'immediate action' was not required and the ordinance was passed primarily to by-pass the debate and discussion in legislature. Similarly in DC Wadhwa vs. State of Bihar(1986), the court was examining that the then state government continued to re-promulgate ordinances without enacting their provisions into Acts of legislature Post Independence its use has become legitimate once Jawaharlal Nehru used it for introducing few laws.The good usage of ordinance is being exemplified by Morarji Desai government where higher denomination notes were demonetized to protect country from corruption. There had been times when this power was used positively. The Telecom Regulatory Authority of India was created in 1997 first by an ordinance and later by an Act of Parliament. Recently the ordinance for e-auction of coal blocks cancelled by the Supreme Court, was an important and positive move in the direction of ensuring transparency and the raising energy demands of the nation. Hence it is desirable for the Government of the day to thoroughly think through before promulgating ordinance in order to avoid possible misuses of power and undermining of democratic institutions.
Hi Jyoti, Very nice answer, You have added lot of informative as well as nice points, Keep it up :) You approach of pointing out both Positives and Negative of the act is especially good. I have 2 suggestions from my side:1) You have to reduce the content a little bit 2) You forgot the last line of the question, whether the power needs tone removed?. Overall answer is good :)
Jyoti Singh
3 years ago
Hi !!! Vignesh, I was waiting for your review.As for removing the power,I try to answer that in a diplomatic way ie.government should think twice before promulgating the ordinace.But i think i was not clear in my approach.By the way Thanx for reviewing and your valuable suggestion.
Anand Utsav
3 years ago
Hi Jyoti. very good facts presented. However, I read the question many times to understand it. It actually demands how SC judgements have further facilitated ordinance process. I find your answer has ample examples of it repulses, not how it facilitates. Correct me if I am wrong. Do read mine answer
Roobitha Masanam
3 years ago
Nice answer jyoti.. My suggestion is pls stick on to word limit Which is very important for answer writing :)
Jyoti Singh
3 years ago
Thanx Roobitha.I will keep in mind about word limits.....!!!
Jyoti Singh
3 years ago
Hi !! Anand, I try to answer the question in a diplomatic way.As for facilitation,I mentioned the point in both way ie positive and negative.
Anand Utsav
3 years ago
Okay good :)
Very informative ans jyoti your view with positive and negative points are great
Jyoti Singh
3 years ago
Thanks Anitha.....!!!
Gaurav Sharma
3 years ago
Hi Jyoti, your answer is very informative, so much cases and examples with articles in one answer is tough to manage, good one. Just one suggestion :- Suggest your views at the end as the qustion required :) Thank you!
Deeps Leelar
3 years ago
Nicely written ...
Jyoti Singh
3 years ago
Hi !! Gaurav,I get your point. I will try my level best to write a good answer....!!!
Deeps Leelar
3 years ago
Good one
Gayatri Malviya
3 years ago
Hey jyoti your answer gave a clear understanding of what the question was demanding...thanks for sharing :)
Unacademy User
3 years ago
Awesome answer..
excellent answer..especially like the way it has been paced :)
Jyoti Singh
3 years ago
Thanks Soumyadev,Gayatri and Unacademy.....!!!
One of the best answers.... But, can the recent judgment of supreme court that satisfaction of president comes within the purview of judical review be added? Your examples of previous decisions are really giving mileage to this answer. Please review mine.
An Ordianance is a power vested to the executives to be used during emergency under the Article 123 and 213 by President and Governors. When the legislature is not in session and a need arises to be fulfilled immediatly ordinace is promulgated to satisfy. But Ordinance is temporary and it needs the legislature to make it permanant. The misuse of ordinance is the current senario because the act of repromulgating the ordinance has its hinderance on the separation of powers between the executives and the legislatives. Allthough Ordinance is necessary too many ordinance will create a bad impression on the government from the point of view of people. The Supreme Court have suggested that the if the executive use an ordinance by re-promulgation without submitting to the legislature, it is a act of doing the law making work by themselves.The supreme court does not see the legislature and ordinace differently they see both as laws so it is open for judicial reviews.Thus Promulgating ordinance must be vested with the executives to serve the right purpose with the cooperation of legislature, the repromulgating ordinance without the voice of legislature is not considered as law but a force for political edge and is subjected to legislative and judicial review.
Roobitha Masanam
3 years ago
Nice answer anitha
Thanks Roobitha
Hardik Siroha
3 years ago
nice presentation Anitha.A little more arguments would have been icing on the cake :)
Thankyou very much Hardrick
Hardik Siroha
3 years ago
you're welcome
Hardik Siroha
3 years ago
btw you can drop extra "ric" from next time if u wish :)
RIC means reading in copy am I right. I will try in my next answer. Thanks for your valuable comments
Hardik Siroha
3 years ago
lol no!, it means the extra alphabets RIC which you added in my name in your previous comment
Hardik Siroha
3 years ago
BTW as a short form its used for Russia-India-China triangle
Ho sorry ???? I will make sure I will spell your name properly hear after????????
K sure thanks
Hi Anita,The points you have mentioned, flow of your answer both are really good :)
Thanks Vignesh does this and have a intro and conclusion.
You have given an one liner on what is ordinance right. That is enough :)
Ok thanks:-)
  1. EDITORIAL ANALYSIS OF NEWSPAPERS IN LESSTHAN 10 MINUTES 7th January,20r7 resented E shu chrome


  2. ABOUT ME . Educator @ unacademy B.Tech. Comp. Sc. (Hons.) NTSE and Debating Champion Appeared for CSE and IFoS mains Interests: Music, Quizzing, Fitness & Photography RATE REVIEW RECOMMEND https://unacademy.com/user/deepanshu.n.singh


  3. EDITORIALS COVERED IN TODAY'S LESSON The Hindu e flindu -When banks are awash with cash Clamping down on ordinance raj Economic and Political Weekly (EPW) Energy, Gender and social norms Indian ExpresS Farmer-suicides due to debt, loans from banks, not moneylenders


  4. QUESTIONS FOR ANSWER WRITING PRACTICE " Resorting to ordinance has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyse whether the decisions of the Supreme Court on the issue have further facilitated


  5. TH: WHEN BANKS ARE AWASH WITH CASH (Gs-3) Demonetistion- The government not only underestimated the capacity for inefficiency and wrongdoing of our commercial banks, but also appears to overestimate their ability to turn around a shocked economy old notes being siphoned off to the influential and those with the capacity to pay for this, while the ordinary citizen queued for hours over days o the demonetisation meant to eliminate black money led directly to a black market for currency notes- Govts. Aim to provide "maximum governance" has lost credibility Also, dented the image of the RBI-which was viewed as above the sectarian calculations of the political class and the brazen corruption associated with the government machinery. o Govts. two major arguments in favour of Demonetisation seem to be failing- that a larger volume of deposits will spur lending and increase investment and that once most of the cash has "come into the system", financial transactions can be tracked by the government. o Counter to Govts, Claims Until loans-to-deposits ratio is not at the maximum permissible, the volume of ending will be determined by the demand for loans as first been noticed in the U.S. during the 1930s.-"you can take the horse to the water but you cannot make it drink" Private investors look for Highest rate of return before investing.


  6. TH: WHEN BANKS ARE AWASH WITH CASH (Gs-3) Credit growth had been sluggish and private gross fixed capital formation has been depressed for a couple of years. o Recent growth in India was being driven by public investment and private consumption. o environment characterised by slowing growth, poor investor sentiment and NPA-strapped banks, the government's o Role of Banks and bankers is under scrutiny- role in piling of NPA's - vijay mallya issue, The very poor lending o Need of sound macroeconomic strategy that should now make use of fiscal policy-possibility of a cut in public investment o Focus should be on improving lower level of public services, not to mention human development compared to even task is cut out decisions of public-sector banks commencing in UPA II have resulted in a high level of NPAs to meet fiscal consolidation some of our neighbours. The government's heal or squeezing cash out of the system is not based on anv serous economic analysis of what the economy needs right now


  7. TH: CLAMPING DOWN ON ORDINANCE RAJ (Gs-2) The to use the power vested in the President and the Governors under Articles 123 and 213 of the Constitution is generally a result of one of the following three reasons: 1. reluctance to face the legislature on particular issues, 2. ear of defeat in the Upper House where the government may lack the required numbers 3. the need to overcome an impasse in the legislature caused by repeated and wilful disruption SC's earlierJudgments-in 1986, in DC. Wadhwa that repeated re-promulgation of ordinances was unconstitutional. In present case-in Krishna Kumar Singh v. State of Bihar, it goes deeper and concludes that the failure to place an ordinance before the legislature constitutes abuse of power and a fraud on the Constitution o Implications o widens the scope of judicial review of ordinances- can enquire into whether the President or Governor had any material to arrive at the satisfaction that an ordinance was necessary and to examine whether there was any oblique motive larger ethical basis for the exercise of power in any circumstance o o However- Ordinance route is not always a cynical move- as a dysfunctional House sometimes constitutes a compelling circumstance in itself. o Combination of Opposition obstructionism and government obstinacy in not making any concessions to those across the aisle that derails legislative business and leads to ordinances.


  8. /.neal (Naga, beople. N N 9 (and) cople th a land) unea ou as invisible,--need of clean cqhal oyd dSC.wmo t Nomen suttufyindha/hearK.4ssue - tr collect-theNood, Nala managec rmen V etc 066) public spac hOmern


  9. Komen 6 emance n houwehola drinking !


  10. ofor & mo almumqd.nontaa lahe onde hes&htmPron. bili men takung more domu .cfomobiuha. fulle, vemole endw.crkAnt moduntreyx tr. Crne