Part V - The Union • Article

Article 123 Simplified: Power of President to promulgate Ordinances during recess of Parliament

Article 123 is the 'Emergency Law-Making' power that allows the President to issue an Ordinance — a temporary law — when Parliament is not in session and urgent action is needed. An Ordinance has the same legal force as a Parliamentary Act but must be approved by Parliament within 6 weeks of reassembly or it automatically expires.

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disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President.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.

Simple Meaning

Explain Like Ten

Imagine Parliament is on school holidays, but the country suddenly needs a new law to handle an emergency. The President can make a temporary law called an Ordinance. But once Parliament comes back, they must approve it within 6 weeks, or it stops working!

Student Mode

Article 123 grants the President legislative power to promulgate Ordinances during the recess of Parliament: (1) Condition: Both Houses must not be in session, and the President must be satisfied that circumstances require immediate action. (2) Status: An Ordinance has the same force and effect as an Act of Parliament. (3) Limitations: Must be laid before both Houses and lapses 6 weeks after Parliament reassembles, or earlier if disapproved. Maximum life is 6 months and 6 weeks. (4) President cannot pass an Ordinance on matters where Parliament has no power to legislate. Upheld in DC Wadhwa & RC Cooper cases.

Example

If a new type of crime or problem appears while Parliament is not meeting, the President can use Article 123 to make a law to stop it immediately, which remains valid until Parliament meets again.

Key Takeaway

Article 123 ensures that the country never stops functioning even when the law-makers are on break.

FAQs

What is the maximum duration of an Ordinance?

The maximum duration is 6 months and 6 weeks. This is because the maximum gap between two sessions of Parliament is 6 months (Article 85), and an Ordinance lapses 6 weeks after Parliament reassembles.

Can the President repromulgate the same Ordinance repeatedly?

In Krishna Kumar Singh v. State of Bihar (2017), the Supreme Court ruled that repeated repromulgation of Ordinances without placing them before the legislature is a fraud on the Constitution and subverts democratic processes.

Can an Ordinance amend the Constitution?

No. Since the power to amend the Constitution belongs exclusively to Parliament under Article 368 following special majorities, the President cannot use Article 123 to alter the Constitution.

Quiz

An Ordinance promulgated by the President under Article 123 must be approved by Parliament within:

Answer: 6 weeks of reassembly

The President can promulgate an Ordinance ONLY when:

Answer: At least one House of Parliament is not in session