Analyze the constitutional provisions regarding the President's power to promulgate ordinances under Article 123: 1. An ordinance promulgated under this Article has the same force and effect as an Act of Parliament. 2. It must be approved by both Houses of Parliament within six weeks from reassembly. 3. The President can promulgate an ordinance whenever both Houses of Parliament are in session simultaneously. Which of the statements given above are correct?

💡 Solution & Explanation

Article 123 empowers the President to promulgate ordinances only when either House of Parliament is not in session, making statement three incorrect since simultaneous session bars promulgation. An ordinance carries the identical legal validity of a parliamentary statute and must be approved by Parliament within six weeks of its reassembly. The satisfaction of the President in promulgating an ordinance was made justiciable by the 44th Constitutional Amendment Act, 1978. Governors possess corresponding ordinance-making powers under Article 213.