Article 123 of the Indian Constitution
Title: Power of President to promulgate Ordinances during recess of Parliament
📜 What Article 123 States:
Article 123 empowers the President of India to promulgate (issue) Ordinances when Parliament is not in session, and immediate action is needed.
✅ Key Provisions Explained:
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Ordinance Power During Recess:
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If both Houses of Parliament are not in session and the President is satisfied that immediate action is necessary, they can issue an Ordinance.
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Effect of Law:
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An Ordinance has the same force and effect as an Act of Parliament.
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Limitations:
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The President can issue Ordinances only when Parliament is not in session.
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The Ordinance must be laid before both Houses of Parliament when they reassemble.
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Expiration:
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The Ordinance will cease to operate:
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6 weeks after Parliament reconvenes, unless it is approved by both Houses.
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Or if both Houses disapprove it earlier.
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The President may also withdraw the Ordinance at any time.
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Judicial Review:
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The President's satisfaction is not absolute; courts can review misuse of ordinance power (as per Supreme Court rulings).
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🏛️ Why Article 123 Is Important:
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Allows the Executive (President and Cabinet) to take urgent legislative action when Parliament is not in session.
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Ensures continuity of governance during emergencies.
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Also acts as a check—since it must be ratified by Parliament.
🧾 Example:
If a financial scam or pandemic suddenly requires a new law and Parliament is not in session, the President can issue an Ordinance to tackle the issue immediately.
⚠️ Abuse Possibility:
Ordinance power has sometimes been overused for political reasons, bypassing regular legislative process — hence, it's subject to judicial scrutiny.
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