Legality of 122 ordinances of CG
Finance, budget and election ordinances to be given priority in ratification
Staff Correspondent
122 ordinances promulgated by the caretaker government are set to be ratified soon by the 9th parliament on the basis of priority, importance and their legal footings.
Talking to The Bangladesh Today, Law Minister Barrister Shafique Ahmed said Monday “The ordinances made by the caretaker government are likely to be approved by the parliament basing on priorities. After approval of the JS, the ratified ordinances will be placed on par with law.”
He said after having been placed before the parliament on January 25, the ordinances have become a property of the House which has absolute discretion to accept or reject those subject to their legal footings.
About conditions of priority, Law Minister said priorities will be attached to the ordinances relating to the election, budget and finance in ratifying those in the parliament.
He clarified procedures saying that although the ordinances have been already tabled with the parliament, those need to be examined by a parliamentary committee to determine as to which ordinances should be ratified and which not. After being recommended by the parliamentary committee, the ordinances will be placed before the parliament again to be approved.
However, he said priority is the only thing which will regulate the criterion as to which ordinances will be ratified, rather all ordinances will be ratified on the basis of their importance.
Earlier, a committee was formed comprising Barrister Rafiqul Haque, Dr M Zahir, Barrister Ajmalul Hossain QC, Barrister Fazle Noor Tapos to examine the merit of each ordinance. They sat several times with the Law Minister at his ministry.
Just a few days before the parliament’s first session, the Law Minister said at a weekly press briefing that they decided to place around 45 ordinances in the first phase but all 122 ordinances were tabled with the parliament during its first session.
Meanwhile, some legal experts opined that as per the provision of the constitution the caretaker government cannot promulgate any ordinance except relating to election and routine works. So the ordinances enacted by the CG beyond its routine work have a possibility to be questionable in future. Even after being ratified by the parliament an ordinance might be challenged at the High Court and the court may declare such ordinance illegal if it does not have merit and is not covered by law.
Courtesy: thebangladeshtoday.com
