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NDA govt is governing country by ordinance raj: NGOs tell SC -Amit Anand Choudhary

-The Times of India

NEW DELHI: Challenging repromulgation of land acquisition ordinance by Narendra Modi government, three Delhi-based NGOs and Bharatiya Kisan Union (BKU) on Thursday told the Supreme Court that government was trying to "govern the country by ordinance raj" which was not permissible.

Appearing before a bench headed by Justice JS Khehar, senior advocate Indira Jaising said that the govt is making mockery of the constitution by bringing ordinances when parliament was in session. She said that the government brought three ordinances on land acquisition in violation of constitution norms.

Agreeing to hear the plea against ordinances, the bench issued noticr to Centre seeking its explanation for bringing ordinances. The court granted four weeks time to centre to file its response.

BKU and the NGOs -- Delhi Grameen Samaj, Gram Sewa Samiti and Chogama Vikas Avam Kalyan Samiti -- challenged the Centre's decision to re-promulgate the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance on May 30.

The petition, filed through advocate Devadatt Kamat, said, "The government in complete contravention of the basic constitutional ethos that lawmaking function is of Parliament has proceeded to issue the impugned ordinance and seek to govern this country by ordinance raj. It is the third ordinance to be passed successively by the central government in its attempt to thrust a land acquisition law in the country which does not have the sanction of Parliament."

The petitioners questioned how the government could re-promulgate the ordinance when the matter was under judicial review as the SC had issued notice to the Centre on their earlier petition against the ordinance.

"The action of the government in promulgating successive ordinances, bypassing the legislative process of Parliament, is not only arbitrary and violative of Article 14 of the Constitution but is also a fraud on the Constitution," the petition said.

The petitioners contended that life and liberty of citizens could not be regulated by ordinances and the government could not arrogate to itself the lawmaking function of the legislature.

"It is well settled that executive cannot be permitted to do indirectly what it cannot achieve directly. Merely because the executive does not have the number or political will/consensus, the executive cannot be permitted to continue the lawmaking exercise by way of an ordinance," the petition said.

The SC on April 14 had sought the Centre's response to these NGOs' PIL challenging the validity of the land acquisition ordinance but hoped that the Centre would revert to the legislative process soon and render the PIL "infructuous".