Meaning and Constitutional Provision
An Ordinance is a temporary law made by the President of India when Parliament is not in session, and immediate legislative action is required. This power is granted under Article 123 of the Indian Constitution. An ordinance has the same force and effect as an Act of Parliament, but it must be approved by both Houses of Parliament within six weeks of reassembly. The provision enables the executive to deal with urgent situations when the legislature cannot convene immediately. However, this power is not a substitute for regular law-making, and it must be used only in exceptional circumstances to maintain democratic accountability.
Scope and Limitations
According to Article 123(1), the President may promulgate an ordinance only when both Houses of Parliament are not in session and circumstances exist that require immediate action. The same legislative limitations that apply to Parliament also apply to ordinances — meaning the President cannot make a law that Parliament itself cannot. Under Article 123(2)(a), every ordinance must be laid before Parliament and will cease to operate after six weeks from the date of reassembly unless disapproved earlier. Judicial review ensures that this power is not misused, as seen in the landmark D.C. Wadhwa v. State of Bihar (1987), where the Supreme Court held that repeated re-promulgation of ordinances is unconstitutional.
Constitutional Importance and Judicial Safeguards
The ordinance-making power ensures continuity of governance and quick legislative response in emergencies. However, it is subject to judicial scrutiny to prevent executive overreach. The Supreme Court has clarified that the President’s satisfaction under Article 123 is not beyond judicial review. The separation of powers doctrine implies that ordinances should not undermine the authority of Parliament. Thus, while this power ensures flexibility in governance, its misuse may threaten the spirit of democracy. Hence, constitutional morality demands that ordinances be used sparingly and only when the situation genuinely warrants urgent legislative action.
Real-Time Example
A notable example of ordinance use is the Farm Laws Ordinances, 2020, which were promulgated by the President of India before being later passed as Acts of Parliament. These included the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020. Similarly, the Criminal Law (Amendment) Ordinance, 2013 was issued after the Nirbhaya incident to strengthen laws against sexual offenses. These examples demonstrate the use of ordinance power to address urgent policy issues and public demands, while also highlighting debates about its democratic legitimacy and the need for legislative oversight.
Mnemonic to Remember – “FAST”
F – Force of law (like an Act of Parliament)
A – Approved by Parliament within six weeks
S – Session not in progress
T – Temporary law under Article 123
The mnemonic “FAST” helps recall that an Ordinance is a temporary law made when Parliament is not in session, having the force of an Act, and must be approved within six weeks under Article 123.
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Explore the Ordinance Making Power of the President under Article 123 in detail at Lawgnan.in. Understand how the President can issue temporary laws when Parliament is not in session, ensuring governance continuity during urgent situations. Learn the procedure, scope, and limitations of this power with landmark cases like D.C. Wadhwa v. State of Bihar (1987) and real examples such as the Farm Laws Ordinances (2020) and Criminal Law Ordinance (2013). Perfect for law students, UPSC aspirants, and judiciary exam candidates, this article simplifies the constitutional checks on executive power and the democratic principles behind ordinance-making.
