Constitution Section 123 — Power of President to promulgate Ordinances during recess of Parliament

Part V — THE UNION — CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT

Constitutional

Summary

The President can issue an Ordinance only when Parliament is not in session and only if the President believes immediate action is necessary. An Ordinance has the same legal force as a law passed by Parliament, but it must be presented to both Houses of Parliament as soon as they meet again. It stops having effect six weeks after Parliament reassembles, or earlier if both Houses pass resolutions disapproving it. The President can also cancel the Ordinance at any time, and if the Ordinance contains anything that Parliament itself could not legally do under the Constitution, that part is invalid.

Official Text

(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(b) may be withdrawn at any time by the President.Explanation.—Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be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)* * * * *