Chandigarh, Oct 15, 2024 (Yes Punjab News)
How and if an Ordinance, as promulgated by the Governor of State, can be published by the State Government’s Law and Legislative Department in the Official Gazette almost two months after it received the assent of the Governor. Although it may sound utterly surprising, it is actually true in case of a recent promulgated Ordinance in Haryana.
An Advocate at Punjab & Haryana High Court, Hemant Kumar, told that the other day on 14 October 2024, a Notification has been published in Haryana Government Gazette Extraordinary by the State’s Law and Legislative Department pertaining to publication of The Haryana Sikh Gurdwaras (Management) Amendment Ordinance, 2024 ( Haryana Ordinance No. 7 of 2024).
However, the interesting but significant legal point is that it has been mentioned in the very beginning of the aforementioned Notification that the ibid Ordinance of the Governor of Haryana promulgated under clause (1) of Article 213 of the Constitution of India on the 16th August 2024 is being published for general information.
This Ordinance amends two clauses of Section 46(1) of The Haryana Sikh Gurdwaras (Management) Act, 2014 so as to facilitate appointment of a retired High Court Judge both as Member and consequently also Chairman of Haryana Sikh Gurdwara Judicial Commission.
Be that as it may, Hemant asserted that although the basic and fundamental purpose for Promulgation of any Ordinance, be it by the President of Republic of India under Article 123(1) of Constitution of India or else by the Governor of a State under Article 213(1) of Constitution of India, is to bring into force immediately any newly drafted law or else amendments made in any existing law at once, hence any prudent person be a lawman or a layman seriously wonders how it took almost two months for Law and Legislative Department of Haryana Government to publish Gazette Notification of an Ordinance after it received assent of the State Governor.
Notably, in case of the Centre/Union Government, every Ordinance as promulgated by the President of India is published in the Official Gazette of India on the very same date on which it is promulgated.
When asked if such an inordinate delay can be attributed to prevalence of Model Code of Conduct (MCC) in the entire State of Haryana which was enforced with effect from afternoon of 16 August 2024 immediately after the announcement of General Election to Legislative Assembly of Haryana by the Election Commission of India and such MCC was lifted recently on 10 October 2024 after completion of the entire election process, Hemant countered that even if we assume the same to be the reason for such delay, then how on on 25 September 2024, another Ordinance titled Haryana Goods and Services Tax (Amendment) Ordinance, 2024 (Haryana Ordinance No. 6 of 2024)
was published/ notified in the Official Gazette of Haryana Government on 25 September 2024 by the State’s Law and Legislative Department wherein it was mentioned in the very beginning of the ibid Ordinance that it has been promulgated by the Governor of Haryana under Article 213(1) of Constitution of India on 21 September 2024.
Furthermore, the ibid Haryana GST (Amendment) Ordinance has been enforced in a staggered manner by the concerned Administrative Department viz. Excise and Taxation Department of the Haryana Government which in pursuance of Section 1(2) of the said Haryana GST Amendment Ordinance published two different Notifications in the State’s Official Gazette and first Notification dated 30 September 2024 appointed 1 October 2024 as the date on which the provisions of Section 34 of the said Ordinance shall come into force while 1st April 2025 as the date on which the provisions of Sections 2 and 9 of the said Ordinance shall come into force.
A day later, a second Notification dated 1 October 2024 was published by the Department which however appointed 27 September 2024 as the date on which the provisions of Sections 7, 37 and 39 of the said Ordinance shall come into force while 1st November 2024 as the date on which the provisions of Sections 3 to 6, 8, 10 to 33, 35, 36 and 38 of the said Ordinance shall come into force.
Hemant unequivocally asserted that although there is no doubt that provisions of an Act duly enacted by the appropriate Legislature can be implemented selectively i.e. in parts by the respective Government, provisions of every Ordinance are always enforced completely and fully at once.
