Ordinances vs democracy.

Byline: Ahmed Bilal Mehboob

IF there is a least democratic feature of our democratic Constitution, it is the power given to the executive to legislate in case parliament is not in session and the president is satisfied that the circumstances exist to warrant the promulgation of an ordinance.

Since the very essence of democracy lies in the framing of laws by legislatures elected by the people, any part of the responsibility of lawmaking taken away from the legislature under whatever pretext dilutes the democratic character of the Constitution. This is why an overwhelming

majority of democratic countries have no provision of legislation by decree or executive. Only a handful of countries, numbering no more than 10, retain such a provision in their Constitution, and in most such cases, it is the legacy from the time when colonial powers were experimenting with the handing over of powers to locals but retaining the power to legislate for themselves. Even the British parliamentary system that we inherited does not have any provision of legislation by the executive.

Legislation in a democratic system passes through a number of stages. Initial drafts of new laws are generated by political parties or their members. Political parties internally debate the draft informally or formally and refine it. The ruling party may decide to adopt it as a government bill, or an individual member from the treasury or the opposition may introduce it as a private member's bill.

Our constitutional scheme intentionally wants the treasury and the opposition to engage with each other.

Government bills are examined by the ministry concerned, the law ministry, and approved by the cabinet. The bill is then introduced in one of the two houses of parliament where normally it is referred to the standing committee concerned. Committees, where members of almost all parliamentary parties are present, undertake a detailed scrutiny of the bill. Sometimes experts, officials and civil society representatives are also invited to committee meetings for consultation and input.

After the standing committee has passed the bill with or without amendments, the report is placed before the entire house. Usually the house does not debate the bill in depth if the committee has already examined it in detail. However, the full house has the power to further amend the bill. After the house passes the bill, it is referred to the other house where again the concerned standing committee reviews it...