Ordinance Making Power of President [Article 123]

What is an ordinance?

An ordinance is an executive order issued by the President of India, under his or her ordinance making power, which has the same effect as an act of Parliament. Ordinances are issued by the President when the Parliament is not in session and there is an urgent need to make laws. The purpose of issuing an ordinance is to meet an immediate requirement, and it has the same force and effect as an act of Parliament.

Procedure for Ordinance Making

The procedure for ordinance making is laid down in Article 123 of the Constitution of India. According to this article, the President can promulgate an ordinance when:

1. Both houses of Parliament are not in session or either house is not in session
2. There is an urgent need to make a law, and
3. It is necessary for the President to take immediate action.

The ordinance promulgated by the President must be laid before both houses of Parliament when they reassemble. If the ordinance is not approved by both houses of Parliament within six weeks of their reassembly, it ceases to operate. So the maximum life of an ordinance can be 6 months and 6 weeks, as the maximum gap between the sessions of the parliament is 6 months.

Limitations on Ordinance Making Power of President

Although the President has been granted the power to promulgate ordinances, this power is not absolute. The Constitution imposes certain limitations on the President when exercising this power. These limitations are as follows:

1. The President can only promulgate an ordinance when there is an urgent need to make a law. This means that the President cannot promulgate an ordinance merely to avoid the lengthy process of lawmaking in the Parliament.
2. The ordinance promulgated by the President must be in accordance with the provisions of the Constitution of India. If the ordinance is found to be in contravention of the Constitution, it can be challenged in a court of law.
3. The President cannot promulgate an ordinance which would affect the powers and privileges of the Parliament. The Constitution grants certain powers and privileges to the Parliament, and the President cannot interfere with these.
4. The President cannot promulgate an ordinance on any matter which falls under the purview of the State legislature. This means that the President cannot issue an ordinance on a matter which is in the State List.
5. The President cannot promulgate an ordinance which would affect the fundamental rights of the citizens of India. The Constitution guarantees certain fundamental rights to the citizens of India, and the President cannot interfere with these.

Conclusion

The power of the President to promulgate ordinances is an important constitutional provision. It allows the President to take immediate action in situations where the Parliament is not in session, and there is an urgent need to make laws. However, this power is not absolute, and there are certain limitations imposed on the President when exercising this power. These limitations ensure that the President does not misuse this power and that the ordinances promulgated by him or her are in accordance with the Constitution of India.

Ordinance Making Power of President and Governor

• An ordinance is an executive order issued by the President of India when the Parliament is not in session and there is an urgent need to make laws.
• The President can promulgate an ordinance under Article 123 of the Constitution of India, which outlines the procedure for ordinance making.
• The President can promulgate an ordinance when both houses of Parliament are not in session, there is an urgent need to make a law, and it is necessary to take immediate action.
• The ordinance must be laid before both houses of Parliament when they reassemble, and if not approved within six weeks, it ceases to operate.
• The President’s power to promulgate ordinances is not absolute and is subject to certain limitations.
• The President cannot promulgate an ordinance merely to avoid the lengthy process of lawmaking in Parliament, and it must be in accordance with the provisions of the Constitution of India.
• The President cannot promulgate an ordinance which would affect the powers and privileges of the Parliament, nor can they issue an ordinance on a matter which is in the State List or affects the fundamental rights of citizens of India.

MCQ

Q. Under which article of the Constitution of India does the President have the power to promulgate an ordinance?
a) Article 123
b) Article 124
c) Article 125
d) Article 126
Answer: a) Article 123. This article outlines the procedure for ordinance making and grants the power to promulgate an ordinance to the President of India.

Q. When can the President promulgate an ordinance?
a) When both houses of Parliament are in session
b) When there is no urgent need to make a law
c) When it is necessary for the President to take immediate action
d) When the Parliament is in session, and the President is satisfied that circumstances exist which render it necessary for him or her to take immediate action.
Answer: c) When it is necessary for the President to take immediate action. The President can promulgate an ordinance when the Parliament is not in session, and there is an urgent need to make a law, and it is necessary to take immediate action.

Q. What happens to an ordinance if it is not approved by both houses of Parliament within six weeks of their reassembly?
a) It becomes a law
b) It ceases to operate
c) It is automatically approved
d) It is sent back to the President for reconsideration.
Answer: b) It ceases to operate. The ordinance promulgated by the President must be laid before both houses of Parliament when they reassemble. If the ordinance is not approved by both houses of Parliament within six weeks of their reassembly, it ceases to operate.

Q. What are the limitations on the President’s power to promulgate an ordinance?
a) The President can promulgate an ordinance on any matter which falls under the purview of the State legislature
b) The President can promulgate an ordinance which would affect the powers and privileges of the Parliament
c) The President can promulgate an ordinance to avoid the lengthy process of lawmaking in the Parliament
d) The President can promulgate an ordinance that contravenes the provisions of the Constitution of India
Answer: b) The President can promulgate an ordinance which would affect the powers and privileges of the Parliament. Other limitations include the ordinance being in accordance with the provisions of the Constitution, not affecting matters under the purview of the State legislature, not affecting fundamental rights of citizens, and being necessary to meet an urgent need.

Q. What is the purpose of issuing an ordinance?
a) To bypass the lengthy process of lawmaking in the Parliament
b) To make permanent changes to the Constitution of India
c) To meet an immediate requirement when the Parliament is not in session
d) To undermine the powers of the judiciary
Answer: c) To meet an immediate requirement when the Parliament is not in session. The purpose of issuing an ordinance is to make laws when there is an urgent need, and the Parliament is not in session. It has the same force and effect as an act of Parliament.