Answer By law4u team
Constitution Of India Article 123: Power of President to Promulgate Ordinances During Recess of Parliament
(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(b) may be withdrawn at any time by the President.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.
NOTE
1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979). Now thirty-three vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of 2019), s. 2 (w.e.f. 9-8-2019).
Brief Detail
Article 123 empowers the President of India to promulgate Ordinances during the recess of Parliament if urgent legislative action is required. These Ordinances hold the same effect as an Act of Parliament but must be approved within six weeks of Parliament's reassembly to remain effective.
Question & Answers
What is the primary purpose of Article 123?
Article 123 allows the President to issue Ordinances when Parliament is not in session, ensuring urgent legislative matters can be addressed promptly.
How long does an Ordinance remain valid?
An Ordinance remains valid for six weeks from the reassembly of Parliament unless both Houses disapprove it or the President withdraws it earlier.
Example
For instance, if Parliament is not in session and an urgent law is needed to address a national crisis, the President may promulgate an Ordinance to provide an immediate solution, which Parliament must later approve.
Summary
Article 123 ensures the President can address legislative needs during Parliament's recess by issuing Ordinances, subject to later approval, maintaining a balance between executive action and legislative oversight.
