Is Appointment Of Nripendra Misra By Narendra Modi Government Constitutional?

Recently the Narendra Modi government issued an ordinance that was approved by the President of India. Once approved the ordinance attained the status of a law and has become immediately applicable. The ordinance pertains to appointment of Nripendra Misra as a crucial manpower to the Prime Minister’s Office (PMO). Although there are lots of hue and cry in the media in this regard but there are very few instances where the constitutionality of this ordinance has been discussed in the media.

According to Praveen Dalal, partner at New Delhi based ICT law firm Perry4Law, “Prima facie this Ordinance has been promulgated in conformity with the Constitutional requirements and there are little reasons to agitate against the same. However, the allegations of “Political Impropriety” cannot be ignored in these circumstances. The only thing that remains to be seen is what “Potential Benefits” the appointment of Mr. Misra would bring in these circumstances. Nevertheless, no “Constitutional Infirmity or Illegality” can be attributed to this Ordinance as on date”.

This is the first and exclusive constitutional analysis of the ordinance and it analyses in a detailed manner the pros and cons of the ordinance in question. Naturally, the ruling party would come in support of the ordinance but a detailed explanation is still expected from the BJP led government.

The ordinance would be placed before both the houses of the Parliament the moment it is ready to discuss the same. The ordinance may be converted into a Bill by the ruling party and it would, in all probability, be passed by both the houses of the Parliament.