Thread by @spinesurgeon

Long Thread Alert

There are few questions raised about the Doctor Protection Ordinance

Let us find the answer for these

On Morning of Monday 20th April 2020 , we get News about Dr Simon
On the same evening, the Government is contacted

On Evening of Wednesday 22nd April 2020, we Get an ordinance
This is really Fast

However, there are few doubts.
Q1. Why Ordinance and not Act
Usually, a Bill is introduced in Parliament. It is then debated. If needed it is send to a committee.

Then it is amended and then it is passed by both houses the Parliament. Then President gives his nod. It becomes an act (same way in States, it is Legislatures and Governor)

That is
An Act can be made only when Parliament is in Session

So
What is an Ordinance

The Difference between Act and Ordinance is that
In Act, the Parliament first Approves and then the President Signs
In Ordinance, The President First signs and then it is brought to the Parliament

(or Governor in case of Assembly)

So
When there is no session of Parliament, you can get an Ordinance only
Central Act is Possible only if the Parliament is in Session
State Act is Possible only if the Assembly is in Session

Q2. So what is the life of an ordinance. Is it only for six weeks ?

Well, there is a mention of six weeks in the life of an ordinance. But it is not six week from date of signing

It is six weeks from the reassembly of Parliament

In Other words,

If an ordinance is passed today - 23rd April 2020, it does not end on 04th June 2020
But it is valid for six weeks from the date of reassembly of parliament

For Example,
If the next session of Parliament starts on 1st July 2020, then the Ordinance is Valid till 13th July 2020

If the next Session of Parliament starts on 1st Dec 2020, then the Ordinance is Valid till 12th Jan 2020

Reference : Article 123 of Constitution of India

Q3. Why amend Epidemic Act and why not a new act ?
Again, the reason is constraints of time

To Draft a full act requires considerable time
Why
Because many states already have such acts for Protection of Hospitals
So
The central Act has to incorporate features of all States
Once the central Act (Ordinance) comes, the relevant state acts may become irrelevant

An hurriedly made ordinance which makes the situation more complicated than already existing state acts will make matters worse

Now, since Epidemic Act is amended
It gives breathing space till this epidemic is over

Also We have two options in States with Hospital protection Act - They can take action under both
And for states without existing HPA, they can use the sections of Epidemic Act

So
This is an added feature
Govt is likely to come with Full Bill in Next Session of Parliament