Article 123 of Constitution of India – Power of President to promulgate Ordinances during recess of Parliament.
Article 123 of Constitution of India
Original Text of Article 123 of Constitution of India
(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(b) may be withdrawn at any time by the President.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.
Questions related to Article 123 of Constitution of India
Article 123 of the Indian Constitution grants the President the power to promulgate ordinances when Parliament is not in session. This temporary law-making power is recognized under Indian Kanoon.
The President can issue an ordinance when one or both Houses of Parliament are not in session and immediate action is needed. This power is provided under Article 123 of the Constitution of India.
As per Indian Kanoon and Article 123, an ordinance remains valid for six weeks from the reassembly of Parliament. It must be approved by both Houses within this time to become a permanent law.
Article 123 complements other Articles of Indian Constitution related to legislative powers, especially those that ensure continuity of governance even when Parliament isn’t in session, as permitted by the Constitution of India.
You can explore Article 123 and other Articles of Indian Constitution on platforms like 99notes.in and Indian Kanoon. They provide easy-to-understand summaries of the Constitution of India for students and researchers.
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