How do ordinances impact the balance of power between the executive and judiciary in managing religious institutions?

Ordinances are temporary laws promulgated by the executive (President or Governor) when the legislature is not in session. Their use in managing religious institutions, such as taking control of a temple, raises important questions about the separation of powers and the constitutional roles of the executive and judiciary.

• Executive Empowerment: Ordinances allow the executive to make immediate interventions in religious institutions without waiting for legislative approval. This can lead to swift action but may also bypass the usual checks and balances.
• Judicial Scrutiny: The judiciary has the power to review ordinances to ensure they do not violate constitutional provisions, such as the right to manage religious affairs under Article 26. Courts can strike down ordinances if they are found to be arbitrary or infringing on fundamental rights.
• Potential for Executive Overreach: Frequent or unwarranted use of ordinances to control religious institutions may be seen as executive overreach, undermining the autonomy of religious bodies and the authority of the legislature.
• Role of Legislature: Ordinances must be approved by the legislature within a specified period. If the legislature disagrees, the ordinance lapses, restoring the balance of power.
• Checks and Balances: The judiciary acts as a check on the executive by reviewing the legality and necessity of ordinances. This maintains the constitutional balance and protects the rights of religious communities.