THE ORDINANCE MAKING POWER OF THE PRESIDENT
Article 123 says, ‘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 require”
- An ordinance is a temporary law but has the same authority as an Act passed by the Parliament.
- The ordinance making power of the President has to be exercised on the advice of his Council of Ministers.
- The life of an ordinance is of 6 weeks. Because it is promulgated in the absence of a Parliamentary session. It expires as soon as the Parliament resumes.
- An ordinance can become an Act when the Parliament resumes, if no action is taken then it ceases to operate on the expiry of 6 weeks from the reassembly of Parliament.
- The ordinance making power of the President is not Parallel to the power of legislators making law.
- The ordinance made when Parliament is in session is void.
- 38th Amendment Act 1975, made the President’s satisfaction final and unquestionable. The 44th Amendment Act 1978, deleted this provision.
- The ordinance making power of the President was adopted from the Government of India Act 1935.
- The President of the United States of America is deprived of the ordinance making power.