DR ANUPAM KUMAR MISHRA

  Ordinance Making Power (Article123) – By Isha Article 123 (1) provides: “ 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 immense action, he may promulgate such Ordinances as the circumstances appear to him to require.” An ordinance promulgated by the President has the same force and effect as an Act of the Parliament. The President may withdraw the Ordinance at any time. The Ordinance promulgated by the President is required to be laid before both Houses of Parliament. It ceases to operate at the expiration of six weeks from the reassembly of Parliament. However, if resolutions disapproving the Ordinance are passed by both the Houses before the expiry of these six weeks shall be reckoned from the date, the latter House meets. The President may promulgate Ordinances under Article (123) (1), with respect to all those matters with respect to which Parliament is compete