(Legislative power of President) Article 123: Passing a bill by ordinance

What is the difference between ordinance and act?

An Act is a bill that was presented in a State legislative home/Parliament of India, passed by both the houses of the State legislature or Parliament, sent for accent of the State Governor or the President of India, and then it becomes an Act.

Whereas ordinance is a legal order or law made by the State Government or the Union Government when the Legislature or Parliament is not in session, this a temporary arrangement made by the said government with regard to such a law & its implementation in the State or the whole of the country as the case may be. Such ordinance is legal & can be implemented for the time being, but it has to be passed by the State legislature or the parliament within six months & made as a proper Act.

Reproducing the original Article 123: 
Central Government Act: Article 123 in The Constitution Of India 1949

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 Ordinance 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 House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble 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(b) may be withdrawn at any time by the President Explanation Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause

(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void CHAPTER IV THE UNION JUDICIARY

I have put up a question in Quora: Is passing a bill through ordinance undemocratic method?
Recent Instance: Passing of Food security bill 2013

Problem: This bill grants a very unfair way to pass any bill. Like in our case, the President Pranab Mukherjee belongs to the same party as the ruling party and when he has got this special privilege to pass any bill at the ruling party's will it seems some where it is wrong.  He is always going to be biased for the party.

Proposition: If we put a condition that the president should  be a neutral candidate for enjoying this privilege. We could grant this power to the president when he doesn't belong to any of the ruling party or the opposition. And If President is not a neutral candidate then Passing of bill only through the original way of "Debates and Voting" should be adopted.

(Fundamental Duties) Article 51A Elaborating Fundamental Duties

Independence is just a state of mind. We need to get out of this limbo and bring poorna swaraj. If we cannot change acts #RTIamendmentact at our "will" then I dont detect Freedom.


RTI amendment 2013
Parliamentarians took no time in amending CIC's(Central information commission) recommendations on inclusion of political parties under RTI and brought forward Right to Information (Amendment Bill), 2013 to get out of the trouble. This is a serious misuse of a democratic setup. Lawmakers(who themselves belong to major political parties) cannot make laws to please themselves. 
Moreover the govt. officials proposed arguments, supporting this amendment, which are more or less baseless. 

Genuine concerns

There were some genuine concerns about the decision impacting the functioning of parties. A major worry was that though the purpose of the order was to enforce financial transparency, in effect it would force parties to disclose their internal strategic decisions. The problem could have been dealt with by devising a way to safeguard the internal autonomy of the political parties. Instead, the parties banded together to keep themselves entirely out of the purview of the RTI Act.

The Bill tabled in the Lok Sabha proposes an amendment to Section 2 of the RTI Act which clarifies that parties would not be treated as public authorities: “Authority or body or institution of self-government established or constituted by any law made by Parliament shall not include any association or body of individuals registered or recognised as a political party under the Representation of the People Act, 1951.”

The Bill also inserts a new Section 31 in the principal Act which says that the amendment will apply “notwithstanding anything contained in any judgment, decree or order of any court or commission..,” and will prevail over “any other law for the time being in force.” - The Hindu

Not to mention Political Parties consider themselves as non-public authorities. Which directly means that there are some vested interest of their own seeking non disclosure of their information, most prominently Financial details. Parties sponsored by private firms and individuals are always going to make laws to please them. This means that they are going against the democratic setup which was promised on 26 Nov 1949.

What can we do as a citizen: First thing is to elaborate our fundamental duties. Mentioning Article 51A here

Article 51A in The Constitution Of India 1949. 51A. "Fundamental duties" 

51A. Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement PART V THE UNION CHAPTER I THE EXECUTIVE The President and Vice President

We should add this our duties:

        "(k) to regularly put forward one's own stand, positives and negatives, towards bills, Acts and constitutional amendments."

But this is not enough and we need more changes in areas to protect the sanctity of democracy.

(Problems with Articles) Article 25: Specifically biased against Hindus

Reproducing:

Central Government Act

Article 25 in The Constitution Of India 1949

25. Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

   (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

  (b) providing for social welfare and reform or the "throwing open of Hindu religious institutions" of a public character to all classes and sections of Hindus 

Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion 

Explanation II  In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

My Proposition: Must include throwing open of all religious institutions recognized by the Govt. Which means the recognition of all religions separately, for revoking the sub-religion status

http://www.tribuneindia.com/2012/20120824/main2.htm

(Preamble) Adding moral and ethical values

I propose to add Moral principles as one of  basic instrument for the interpreting, defining and resolving the constitution:

""
 We, the people....
....
.....

EQUALITY of status and of opportuniy and to promote among them all

"MORAL CONDUCT based on ethics of social*, political, administrative**, legislative***;"

FRATERNITY assuring the dignity of the individual and the unity and the integrity of the nation;

...
...
..
give to ourselves this constitution.
""

-----
On the wake of:
***Ongoing parliament proceeding moral conduct of ministers in the assembly
http://www.thehindu.com/opinion/editorial/for-voices-not-noises/article5026432.ece?homepage=true

*social may be derived from each sect the individual belong to or may be national otherwise.
**Bureaucracy to be morally answerable to the public

More Evidences to be added.