Indian Polity • Parliament & ExecutiveHard
Examine the constitutional dynamics of the Ordinance-making power of the President under Article 123: 1. An ordinance promulgated when Parliament is not in session has the same force and effect as an Act of Parliament. 2. Every such ordinance must be laid before both Houses of Parliament and ceases to operate at the expiration of six weeks from the reassembly of Parliament. 3. The President can promulgate an ordinance even when only one House of Parliament is in session. Which of the statements given above are correct?
A. 1 and 2 only✓ Correct Answer
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
💡 Solution & Explanation
Statements 1 and 2 are correct as ordinances possess legislative force and lapse six weeks after parliamentary reassembly unless approved. Statement 3 is incorrect because an ordinance can be promulgated only when both Houses of Parliament are not in session, or when only one house is in session because a law requires enactment by both houses. The Supreme Court ruled in the Cooper case that presidential satisfaction regarding ordinance promulgation is subject to judicial review.
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