Validity of Acts under Disapproved Ordinance by Parliament

The President of a country holds the power to issue ordinances when the Parliament is not in session. However, if the Parliament disapproves of an ordinance, the question arises regarding the validity of the acts done under the ordinance until then. Let us explore this issue in detail:

1. Background on Ordinance
An ordinance is a law-making power vested in the President of a country, which allows the government to issue temporary laws when the Parliament is not in session. The President uses this power to address urgent matters that require immediate attention and cannot wait until the Parliament reconvenes.

2. Process of Issuing an Ordinance
When the President issues an ordinance, it has the same force and effect as an act of Parliament. However, the ordinance must be approved by the Parliament within a specific period, usually six weeks from the date it is reconvened.

3. Disapproval by Parliament
If the Parliament disapproves of an ordinance, it means that it does not agree with the provisions or the necessity of the ordinance. The disapproval can occur through a vote or by the Parliament not passing a resolution to approve the ordinance within the specified timeframe.

4. Validity of Acts Done under the Disapproved Ordinance
The question arises whether the acts done under the ordinance until the disapproval by Parliament are valid or not. In this regard, there are two possible scenarios:

a) Acts done before Disapproval: The acts done under the ordinance before it is disapproved by Parliament are considered valid and legally binding. This means that any actions, decisions, or obligations undertaken under the ordinance will remain in effect and enforceable.

b) Acts done after Disapproval: Once the Parliament disapproves of an ordinance, it loses its legal validity. Consequently, any acts done under the ordinance after the disapproval will be considered invalid and have no legal standing.

5. Impact on Rights and Liabilities
The disapproval of an ordinance by Parliament does not affect any rights or liabilities that have already arisen under the ordinance before the disapproval. However, any new rights or liabilities that would have arisen after the disapproval will not be recognized.

In conclusion, the acts done under an ordinance until it is disapproved by Parliament are considered valid and legally binding. However, once the disapproval occurs, the ordinance loses its legal validity, and any acts done under it afterward will be deemed invalid. It is essential to adhere to the constitutional processes and the role of Parliament in approving or disapproving ordinances to maintain the integrity of the legislative system.