Clarification regarding a few terms required.
PVG Satish
(Querist) 03 March 2013
This query is : Resolved
1. What is an Executive Decision/Action?
Why is it not required to be approved by the Parliament?
Given that ours is a parliamentary democracy and the PM and his Council of Ministers are answerable to the Parliament, why is it that even important executive decisions viz. FDI in retail do not require Parliament's approval before being implemented?
Can all the executive decisions be discussed in the Parliament?
2. What is a Government Order (shortly G.O.)?
Is it as good as a law made by the Parliament/State Legislature?
If yes, then why is it that action is not taken (as in case of G.O. 610 pertaining to Telangana) against those not implementing the G.O. (in this case successive governments of Andhra Pradesh themselves haven't implemented the order)?
3. Do Rules specified under an Act require approval of the legislature which passed such Act? Are these Rules only directives or are they as good as a law?
Many thanks in advance.
Nadeem Qureshi
(Expert) 03 March 2013
Search through google because this is not a legal query
R.K Nanda
(Expert) 03 March 2013
search google.
Raj Kumar Makkad
(Expert) 03 March 2013
This is purely an academic query not required to be replied.
PVG Satish
(Querist) 04 March 2013
Dear Experts,
First, thank you for your replies. With respect, I wonder how it disqualifies a query from being replied to if it's purely academic?
The Constitution of India being the fountainhead of the terms in the question, how can it not be termed a legal query?
Also, I did search Google before posting the query and did not get any satisfactory definition of these terms or clarifications for the doubts I had.
Thanks.
prabhakar singh
(Expert) 04 March 2013
Q.1. What is an Executive Decision/Action?
A DECISION MADE AND IMPLEMENTED BY A PERSON/PARTY IN POWER OR OF AUTHORITY ESP.,ONE WITHOUT THE AGREEMENT OF OTHERS IS CALLED an Executive Decision/Action.
Q2. What is a Government Order (shortly G.O.)?
THEY ARE DIRECTIVES ISSUED TO SUBORDINATE EXECUTIVES FOR HOW TO CONSIDER AND FUNCTION
ON AN ISSUE BEFORE THEM.
THEY DO NOT HAVE FORCE OF ACT OR RULES FRAMED THERE UNDER AND CAN SOME TIME BE FOUND ULTRA VIRES TO AN ENACTMENT BY COURTS.
Q3. Do Rules specified under an Act require approval of the legislature which passed such Act? Are these Rules only directives or are they as good as a law?
ACTS PASSED NORMALLY CONFER POWER TO MAKE RULES BY THE GOVERNMENT,CENTRAL,OR STATE,AND DO NOT REQUIRE LEGISLATIVE APPROVAL,THEY DEAL WITH IMPLEMENTATION OF LAW,AND MAY BE FOUND MANDATORY AS WELL AS DIRECTORY DEPENDING UPON PARTICULAR CIRCUMSTANCES OF CASE TO TEST THE SAME IS DOMAIN OF HIGH AND SUPREME COURTS.
We avoid to answer only because these are very lengthy matters to discuss unless there is a fact to consider.
