MARC Record from Library of Congress

LEADER: 03104cam a2200361 i 4500
001 2013028338
003 DLC
005 20140618081202.0
008 130715s2014 nyu b 001 0 eng
010 $a 2013028338
020 $a9781107039711 (hbk.)
020 $a1107039711 (hbk.)
040 $aDLC$beng$cDLC$erda$dDLC
042 $apcc
043 $aa-ii---
050 00 $aKNS2220$b.D36 2014
082 00 $a328.54/077$223
084 $aLAW018000$2bisacsh
100 1 $aDam, Shubhankar,$d1981-$eauthor.
245 10 $aPresidential legislation in India :$bthe law and practice of ordinances /$cShubhankar Dam, Singapore Management University, School of Law.
264 1 $aNew York, NY :$bCambridge University Press,$c2014.
300 $axviii, 259 pages ;$c24 cm.
336 $atext$2rdacontent
337 $aunmediated$2rdamedia
338 $avolume$2rdacarrier
490 0 $aComparative constitutional law and policy
504 $aIncludes bibliographical references (pages 233-252) and index.
505 0 $aThe transplant effect : early origins of ordinances in England and India -- Legislative surrogacy : cabinets and ordinances, 1952--2009 -- Negotiating the text : ordinances, article 123 and the interpretative deficit -- Reading minds : presidential satisfaction and judicial review of ordinances -- The power of no : presidents, cabinets and the making of ordinances.
520 $a"The legislative process in India's parliamentary system, like elsewhere, is a shared exercise: the executive and the legislature partake in it. Ordinarily, proposals for legislation originate in the cabinet. If the cabinet decides that a law is necessary, a bill is drafted, on occasions, with external inputs. After it is introduced in the two houses, the bill goes through several 'readings', committee hearings and amendments. The final draft is debated and voted on. If a bill secures the requisite majority in both houses, it is sent to the president for assent, upon which the bill becomes an Act. Parliament, in this formal view, is central to the legislative process, and legislation are products of among other things a rational-legal scrutiny and vote. In practice, parliament is less than central; the legislative process rarely confirms to the constitutional ideal type. Take, for example, political parties and their influence on the legislative process. The party to which a government belongs can have a disproportionate say in policy and legislative matters. Indeed, depending on the personalities involved, legislative proposals may even originate and take shape in party headquarters. Or consider a coalition government. A cabinet's decision to introduce a bill may be evidence of compulsion, not necessity. It may be a price for keeping the coalition together or a political maneuvering to secure new allies. Also, consider the influence of non-representative actors and their ability to direct legislative proposals"--$cProvided by publisher.
650 0 $aOrders in council.
650 0 $aExecutive orders$zIndia.
650 7 $aLAW / Constitutional.$2bisacsh
653 $aOrdinances