Kerala Police Act: Repeal of ordinance a rare practice

THIRUVANANTHAPURAM: The proposed ordinance to repeal the ordinance to insert Section 118A into the Kerala Police Act may have the unique distinction of becoming the first ordinance promulgated in the state to nullify another ordinance. Though there have been instances of issuing ordinances to repeal acts, issuing an ordinance to repeal an ordinance is a rare practice.


The provision in the Constitution for an ordinance to die a natural death unless re-promulgated or passed as a bill in the assembly is generally used by governments to do away with unwanted ordinances. As per Article 213 (2) of the Constitution, under normal circumstances, the ordinance remains in force till six weeks from the date of assembly, or till the assembly passes a resolution disapproving the ordinance.

To repeal an ordinance, before the expiration of that period, Article 213 (2) (a) suggests that a resolution disapproving it has to be passed by the legislative assembly and agreed to by the legislative council, if any. Another route suggested as Article 213 (2) (b) is that an ordinance may be withdrawn at any time by the governor.

The state cabinet has decided to use Article 213 (2) (b) and recommend the governor to repeal the ordinance amending the Kerala Police Act promulgated on November 20.

The incumbent LDF government has earlier repealed a bill passed in the assembly through an ordinance. In July 15, 2017, Kerala Real Estate (regulation and development) Act repeal ordinance 2017 was promulgated by the governor as a central Act with similar provisions had been enacted by then. The Kerala Real Estate Act was introduced as ordinance by the previous UDF government and passed as an Act on December 17, 2015 by the assembly.

In 1967, the then Left government led by EMS Namboodirippad had used the provision of article 213(2) (a) to repeal an ordinance issued by the governor. On March 31, 1967, revenue minister K R Gouri Amma moved a resolution to disapprove Kerala essential service (maintenance) ordinance, 1966 promulgated by the governor on December 22, 1966. ESMA was widely considered as a legislation that restricted the rights of workers and the communist government didn’t want such an act in force. The ordinance was issued by the governor when President’s rule was imposed in the state.