000 02919nam a2200277Ia 4500
003 OSt
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020 _a9781107546028
040 _c.
082 _a328.54077
_bDAM
100 _aDam, Shubhankar
245 0 _aPresidential legislation in India:
_bThe Law and Practice of Ordinances /
_cby Shubhankar Dam
260 _aNew York:
_bCambridge University Press,
_c2015.
300 _axviii, 259p.;
_c23cm.
490 _aComparative Constitutional Law and Policy.
500 _aIncludes bibliographical references amd index.
505 _aPart I. Origins and Practice: 1. The transplant effect: early origins of ordinances in England and India 2. Surrogate legislation: an empirical account of ordinances, 1952–2009 Part II. Law and Interpretation: 3. Negotiating the text: ordinances, Article 123, and the interpretative deficit 4. Reading minds: presidential satisfaction and judicial review of ordinances 5. The power of no: presidents, cabinets, and the making of ordinances. Bibliography Index
520 _a"The legislative process in India's parliamentary system, like elsewhere, is a shared exercise: the executive and the legislature partake in it. Ordinarily, proposals for legislation originate in the cabinet. If the cabinet decides that a law is necessary, a bill is drafted, on occasions, with external inputs. After it is introduced in the two houses, the bill goes through several 'readings', committee hearings and amendments. The final draft is debated and voted on. If a bill secures the requisite majority in both houses, it is sent to the president for assent, upon which the bill becomes an Act. Parliament, in this formal view, is central to the legislative process, and legislation are products of among other things a rational-legal scrutiny and vote. In practice, parliament is less than central; the legislative process rarely confirms to the constitutional ideal type. Take, for example, political parties and their influence on the legislative process. The party to which a government belongs can have a disproportionate say in policy and legislative matters. Indeed, depending on the personalities involved, legislative proposals may even originate and take shape in party headquarters. Or consider a coalition government. A cabinet's decision to introduce a bill may be evidence of compulsion, not necessity. It may be a price for keeping the coalition together or a political maneuvering to secure new allies. Also, consider the influence of non-representative actors and their ability to direct legislative proposals"-- Provided by publisher. (Source: WorldCat)
650 _aOrders in council - India
650 _aExecutive orders - India
800 _aGinsburg, Tom
_eSeries Editor
800 _aElkins, Zachary
_eSeries Editor
800 _aHirschl, Ran
_eSeries Editor
942 _cBK
_2ddc
999 _c679
_d679