Proposed draft ordinances are ultra vires: Swamy

BJP leader Subramanian Swamy today termed the proposed draft ordinances "ultra vires" of the Constitution and urged President Pranab Mukherjee to seek legal opinion before promulgating them.

"The proposed draft ordinances to be considered by the Union Cabinet for proclamation by the President are ultra vires of the Constitution.

"The house is adjourned but not dissolved, this ordinance would be outside the nature and powers of the President under Article 53," Swamy said in a statement.

Swamy said, "This is especially so because this present Lok sabha is to go out of existence in May 2014, and hence it cannot legislate to convert the ordinance into a legally valid statute within six months, which is the life span of the ordinance."

The Union Cabinet is going to meet tomorrow where it is likely to take up ordinances related to anti-corruption and rights-related issues whose consideration was deferred yesterday.

The decision to hold the Cabinet comes a day after government appeared to be having second thoughts on bringing ordinances, including those being pushed by Rahul Gandhi.

These ordinances were on the agenda of the Cabinet meeting yesterday but were deferred, apparently after senior minister and NCP chief Sharad Pawar raised questions over the need for promulgation at the fag end of the tenure of the government.

Swamy has also sought clarification from the cabinet in the matter.

"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," Swamy added.