Article 123: when the President can promulgate an ordinance
Article 123 provides the President’s ordinance-making power when both Houses of Parliament are not in session, subject to constitutional conditions and later parliamentary control.
Article 123 empowers the President to promulgate an ordinance when both Houses of Parliament are not in session and immediate action is considered necessary. An ordinance is temporary and must be laid before Parliament.
The constitutional rule
Article 123 allows the President to promulgate an ordinance when both Houses of Parliament are not in session and circumstances make immediate action necessary. The power operates within constitutional limits and the ordinance has the force of law while it remains valid.
An ordinance must be laid before both Houses when Parliament reassembles. It ordinarily ceases to operate six weeks after reassembly unless disapproved earlier or replaced through the legislative process. The exact result can depend on the constitutional text and relevant judicial interpretation.
What exams commonly test
Remember the article number, the condition that both Houses are not in session, and the temporary nature of an ordinance. It is not a permanent substitute for passing a law through Parliament.
Article 213 is the parallel provision for a Governor’s ordinance-making power in a state, subject to its own conditions.
Editorial note
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Frequently asked questions
Which article provides the President’s ordinance-making power?
Article 123.