What is the fate of ITC ordinance?
As is well known, the ITC ordinance was issued on 25th January 2005. The ordinance was issued under Article 123 of the Constitution, which reads as,
123. Power of President to promulgate Ordinances during recess of Parliament.—(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President.
So, as per the Constitution, the ordinance lapses after six weeks of the Parliament session starting. This is to happen on April 8th, but Parliament is to have a recess from tomorrow. If the ordinance does not become law today, it lapses. Both ITC and North Block are tight-lipped about the ordinance which may lapse. ITC has not paid up as a consequence of the ordinance and North Block seems to have some secret plan to be unveiled today. Taxindiaonline was the first to bring the ordinance to the notice of the country, but this time around we have no clue what the Government is up to. It’s an interesting day ahead!