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Constitution of India · Section Article 123

Power of President to promulgate Ordinances during recess of Parliament

Article 123 — Power of President to promulgate Ordinances during recess of Parliament

  1. 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 Ordinances 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 Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly 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  • (b) may be withdrawn at any time by the President.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. (4)*

CHAPTER IV.—THE UNION JUDICIARY

Plain English Summary

This article gives the President of India the power to create temporary laws, called Ordinances, when Parliament is not in session. These Ordinances have the same legal power as a regular law made by Parliament, but they must be approved by Parliament within six weeks or they expire.

Key Points

  • The President can issue an Ordinance only when immediate action is necessary and Parliament is not sitting.
  • An Ordinance has the same legal force as a law passed by Parliament.
  • It must be laid before both Houses of Parliament.
  • An Ordinance automatically ceases to operate after six weeks unless Parliament approves it.

Why It Matters

It allows the government to quickly make urgent laws or regulations when Parliament is not functioning, ensuring that necessary actions can be taken without waiting for a parliamentary session.

Landmark Judgements

No major landmark judgements.

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