Ordinance On Fugitive Economic Offenders

Under the Indian Constitution, an Ordinance is a specific kind of executive decision (issued by a Governor or President on the advice of the State or Centre Government respectively) that operates as a law.

- Dr. Sailaja. Petikam

Although law making power usually lies with the legislative branch of the government, the executive is given the power to issue Ordinance in exceptional situations, with the ordinances remaining in force for a limited period of time. The legislature can enact a law incorporating the provisions of an Ordinance. However, the legislature can also pass a resolution disapproving the ordinance, in which case the Ordinance will cease to operate. The legislature can also choose to do nothing, in which case the ordinance will lapse within six weeks from the beginning of the next session of Parliament or the relevant State Legislature.

Recently the President of India promulgates the Ordinance under Article 123 of the Constitution of India by the name The Fugitive Economic Offenders Ordinance, 2018. It is the first Ordinance passed by the President of India in this year. The main object of the Ordinance is to provide for measures to deter fugitive economic offenders from evading the process of law of India by staying outside the jurisdiction of Indian Courts, to preserve the sanctity of the rule of law in India.

Actually “Fugitive Economic Offender” means any individual against whom a warrant for arrest the in relation to (offences mentioned in the Schedule) of this Ordinance has been issued by any  Court in India, who- has left India so as to avoid criminal prosecution; or

(ii) being abroad, refuse to return to India to face criminal procedure. The total value involved in such offence/s is one hundred crore rupees or more.