Article 213 Current Affairs - 2019

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Maharashtra: Governor promulgates Ordinance for Medical Admission Reservation

Maharashtra Governor V. Rao has promulgated an ordinance to provide reservation benefits in admissions to Social and Educationally Backward Classes (SEBCs) in medical education in state.

Key Points of Ordinance

  • Reason: In May 2019 the Nagpur bench of Bombay High Court has put a stay on the 16% quota offered by state to its Maratha community under SEBC category for admission in 2019’s postgraduate medical courses. The HC ruled that implementation of this reservation for Maratha community under SEBC quota was “unconstitutional” and thus will not be applicable to post-graduate medical admission process which had already begun. This cancelled admissions already given to students under Maratha quota and necessitated fresh admissions.
  • Thus the Maharashtra State Reservation for SEBC Amendment and Validation Ordinance, 2019, makes way for 16% reservation for students from Maratha community in current academic year itself. It provides reservation of seats for admission in educational institutions of state and appointments in public posts and services under state.
  • The ordinance promulgated thus upholds admissions given to students under Maratha quota under SEBC category in postgraduate medical and dental courses.
  • Courses: The reservation to students will be provided in admissions in field of medical education which includes medical and dental under-graduate and post graduate courses under SEBC category.
  • Covers: The ordinance will provide reservations in favour of candidates belonging to SEBC classes for courses commencing from educational year 2019-20. It will also be applicable for admissions to other educational courses including under-graduate courses requiring passing of NEET or any other National Entrance Test.
  • Article 213: The Governor of an Indian state draws ordinance making power from Article 213 of Indian Constitution. This article empowers governor to promulgate ordinance on an urgent matter and such ordinance shall have same force and effect as an Act of Legislature of the State.

Government promulgates Companies (Amendment) Ordinance, 2019

The government has re-promulgated the Companies (Amendment) Ordinance, 2019 to amend the Companies Act 2013. Even though the Companies (Amendment) Bill, 2018 for this effect was passed in Lok Sabha, it was pending before Rajya Sabha. The ordinance was first issued in November and would have ceased to be operational from January 21. Hence the government has decided to re-promulgate the ordinance.

Features of the Companies (Amendment) Bill, 2018

The Loksabha had passed the Companies (Amendment) Bill, 2018. The bill had important features like re-categorisation of offences, reducing the burden on special courts and bringing down the applicable penalties for small companies, enhancing the jurisdiction of Regional Director for compounding offences, empowers the central government to allow certain companies to have a different financial year instead of being determined by the National Company Law Tribunal among others.

The main objective of the amendment bill was the promotion of ease of doing business along with better corporate compliance.

Promulgation of Ordinance

Article 123 of the Constitution empowers the President to promulgate Ordinances to amend certain laws when either of the two Houses of Parliament is not in session and hence it is not possible to enact laws in the Parliament.

Ordinances must be must be approved by Parliament within six weeks of reassembling or they shall cease to operate.

Similar power to promulgate the ordinance has been provided to the Governor of the state under Article 213.

Ordinances were provided as a stop-gap arrangement and not as an alternative legislation process. The promulgation of the ordinance is subject to judicial review