difterm.com An ordinance is a local law enacted by a municipal government to address immediate community needs, often temporary and subject to approval by a higher legislative body. An act, in contrast, is a formal statute passed by a state or national legislature, establishing permanent legal frameworks with broader authority. Both serve to regulate and guide public behavior, but acts carry greater legal weight and permanence compared to ordinances.
Table of Comparison
| Aspect | Ordinance | Act |
|---|---|---|
| Definition | Temporary law promulgated by the executive when legislature is not in session | Permanent law passed by the legislature |
| Authority | Issued by the President or Governor | Enacted by Parliament or State Legislature |
| Duration | Valid for 6 weeks unless approved by legislature | Remains effective until repealed or amended |
| Purpose | Address urgent legislative needs temporarily | Establish permanent legal framework |
| Legislative Approval | Requires subsequent approval by legislature | Passed through legislative process |
| Scope | Limited scope due to temporary nature | Wide scope covering varied legal areas |
Definition of Ordinance and Act
An ordinance is a temporary law enacted by the executive authority of a government, often during recess of the legislature, with the purpose of addressing urgent matters. An act, on the other hand, is a formal statute passed by the legislative body with a comprehensive legislative process, holding permanent legal authority unless repealed. Ordinances require legislative approval within a specified time frame to become permanent laws or else they lapse.
Key Features of an Ordinance
An ordinance is a temporary law promulgated by the executive authority, typically the President or Governor, when the legislature is not in session, allowing immediate legislative action. Key features of an ordinance include its limited validity, generally lasting six weeks from the reassembly of the legislature, and the necessity for legislative approval to become permanent. Unlike an act passed by the legislature through a formal procedure, an ordinance holds the force of law but must be either approved or withdrawn within a stipulated timeframe to avoid lapsing.
Key Features of an Act
An Act is a formal piece of legislation passed by a legislature and requires thorough discussion, approval, and often the president's assent before becoming law. Key features of an Act include its origin from the legislative process, permanence until repealed or amended, and comprehensive scope covering broad policy areas. Unlike ordinances, Acts undergo detailed scrutiny and debate, ensuring greater democratic legitimacy and stability in governance.
Legislative Process: Ordinance vs Act
An ordinance is a temporary law promulgated by the executive authority, usually the President or Governor, when the legislature is not in session, whereas an act is a permanent law passed by the legislative body after a detailed discussion and voting process. The legislative process for an act involves multiple stages including drafting, committee review, debate, and approval by both houses of the legislature before receiving the executive's assent. Ordinances have a limited lifespan, typically expiring within six weeks of the legislature reconvening, while acts come into force immediately after assent and remain valid unless repealed or amended by subsequent legislation.
Constitutional Provisions for Ordinance and Act
Ordinances are temporary laws promulgated by the executive under Article 213 of the Indian Constitution when the legislature is not in session, whereas Acts are permanent laws passed by the Parliament or State Legislatures under Articles 107 and 208. Ordinances must be approved by the legislature within six weeks of reassembling, or they cease to operate, whereas Acts have ongoing constitutional validity unless repealed. This mechanism ensures a balance between executive urgency and legislative authority in the law-making process.
Duration and Validity: Ordinance vs Act
Ordinances are temporary laws issued by the executive branch, usually valid for a limited period, often six months, unless extended or approved by the legislature. Acts, passed by the legislature, have a permanent status until repealed or amended through the legislative process. The key distinction in duration and validity lies in the ordinance's provisional nature versus the act's enduring legal authority.
Powers of the Executive in Issuing Ordinances
The executive branch holds constitutional authority to issue ordinances when the legislature is not in session, enabling prompt lawmaking to address urgent matters. Ordinances carry the same force as acts passed by the legislature but require approval within a stipulated period, typically six weeks after the assembly reconvenes. This power ensures continuity of governance but is subject to judicial review to prevent executive overreach and maintain the separation of powers.
Judicial Review: Ordinance and Act
An ordinance is a temporary law promulgated by the executive authority, which remains effective only until the legislature enacts a corresponding act or disapproves it, while an act is a permanent statute passed by the legislature. Judicial review allows courts to examine both ordinances and acts to ensure they comply with the constitution; however, ordinances are more susceptible to scrutiny due to their executive origin and temporary nature. Courts may invalidate ordinances that exceed executive powers or violate constitutional provisions, whereas acts undergo a more robust legislative process, making them comparatively harder to challenge judicially.
Ordinance and Act: Advantages and Limitations
An ordinance allows the government to address urgent matters swiftly as it can be promulgated without legislative approval but is temporary, lasting only until the legislature convenes and either replaces or rejects it. Acts, passed through the legislative process, offer greater permanence and democratic legitimacy but require more time and consensus, which can delay urgent policy implementation. While ordinances provide flexibility during emergencies, their temporary nature and limited scope can restrict long-term governance, whereas acts establish comprehensive legal frameworks with broader authority and stability.
Real-World Examples: Ordinance vs Act
The Indian government frequently enacts ordinances like the "Farmers' Produce Trade and Commerce Ordinance, 2020" to address urgent economic reforms, whereas acts such as the "Right to Information Act, 2005" undergo thorough parliamentary scrutiny and have long-term legal standing. Ordinances are temporary laws promulgated by the President or Governors when legislature sessions are not in session, like the "Gujarat Control of Terrorism and Organized Crime Act, 2015," later subject to ratification by the legislature. Acts, by contrast, embody permanent statutory law passed by the Parliament or state legislatures, exemplified by the "Goods and Services Tax Act, 2017," which broadly restructures taxation policy across India.
ordinance vs act Infographic
