BJP leader Subramanian Swamy has said the draft ordinances proposed by the ruling UPA to deal with anti-corruption and rights issues are ultra vires the Constitution and urged President Pranab Mukherjee to seek legal opinion before promulgating them.
In a statement here on Saturday, the former Law and Justice Minister said: “The draft ordinances to be considered by the Union Cabinet for proclamation by the President are wholly ultra vires the Constitution. Since the House [the Lok Sabha] is adjourned and but not dissolved, these ordinances will be outside the powers of the President under Article 53.”
The term of the Lok Sabha would expire in May and the House could not legislate to convert an ordinance into a statute within six months, the life span of an ordinance, he said.
“I urge the President not to be railroaded into exceeding his constitutional powers, and instead ask the Cabinet to clarify its legal locus standi under Articles 78(b), 86(2), and finally ask for an opinion from the Supreme Court under Article 143.”
