Decree power in parliamentary systems: Theory and evidence from India

• Main Authors: ANEY, Madhav Shrihari, DAM, Shubhankar
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2021
• Subjects: Decree power; Article 123; minority governments; ordinance; parliamentary systems; India; Asian Studies; Political Economy; Political Science
• Online Access: https://ink.library.smu.edu.sg/soe_research/2536; https://ink.library.smu.edu.sg/context/soe_research/article/3535/viewcontent/ADD_sv.pdf
• Institution: Singapore Management University

Decree powers are common to presidential systems; they are rarely found in parliamentary ones. We analyze decree powers in one such rare setting: India. We show that bicameral minority governments in India systematically use ordinances to circumvent parliament and prosecute their legislative agendas. They promulgate more ordinances, enact less legislation, and often repromulgate lapsed ordinances. These patterns suggest that, with bicameral minority governments, the locus of lawmaking shifts to the executive branch. While both majority and minority governments invoke ordinances, the latter do so systematically to get around their parliamentary deficit. In the hands of minority governments, then, the mechanism effectively helps to defy the will of the parliamentary majority. This suggests that the ordinance mechanism, originally introduced in the Indian constitution for limited purposes, has blossomed into a distinct source of—and forum for—parliamentary lawmaking.