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Legislative Powers
of the Executive
Article 123,213
ART-123(1)
• It is the power to legislate when both the houses of the parliament are
not in session, with regard to any unforeseen or urgent situation which
was not dealt under ordinary law

123(2)
• An ordinance is only a temporary law. president can withdraw an
ordinance at any time.

Ordinance Making Power of the President-


Art 123 m.blessan@gmail.com
Co-Extensive with Legislative powers of the parliament.

It can relate to any subject which parliament can legislate upon.

The ordinances are subject to same constitutional limitation

The power is to be exercised by president on the advice of council of


ministers.

Ambit of Ordinance Making Power m.blessan@gmail.com


The ordinance must be laid before the parliament when it reassembles
It ceases to operate at the end of 6 weeks from the date on which parliament reassembles
If, however ,both houses pass resolution disapproving of it before the expiry of six weeks, the
ordinance ceases to operate on the day of passing such resolution
• Art 123 (2)(a)

When the two houses of parliament assemble on different dates, the period of six weeks is to
be reckoned from the later of the two dates

• Art 123(2)

Parliamentary Safeguards of Ordinance


Making Power-Art 123 m.blessan@gmail.com
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• The maximum duration for which an ordinance


may last is seven and a half months as under Art
85.

Maximum duration of an ordinance


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When parliament replaces ordinance with a Bill

When government seeks so, a


statement explaining
Parliament gets a chance to
circumstances which
review the measure if
necessitated immediate action
government seeks to replace
by ordinance must accompany
an ordinance by a bill
such Bill. However, no debate
on above section is allowed.
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Ordinance important Provisions


If ordinance makes any provision ultra vires the constitution ,then
it shall be null and void-Art 123(3)

An Appropriation out of the consolidated fund cannot be made by


an ordinance – Art 114(3)

An Ordinance may make provision with respect to a matter in List


I(union list) and List III(concurrent List) but not in List II(state List).
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When Ordinance Ends

Resolution disapproving the ordinance are passed by parliament

If the ordinance is not replaced by an Act within the stipulated period.

The executive lets it to lapse without bringing it before the parliament.

If it is withdrawn by president at any time.


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R.K. GARG v UNION OF INDIA

The president has legislative power under article 123 to promulgate an


ordinance and this legislative power is coextensive with the power of the
parliament to make laws.
The power can be used to alter or amend tax laws

An ordinance is law within article 13(3) of the constitution and the


fundamental rights can be abridged by an ordinance to the same extent as
an Act of the Legislature.
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Peculiarity of Governor’s Ordinance Making


Power-Art 213

Governor Ordinance contains provisions which would require sanction of the president
for introduction in state legislature.
can’t make
ordinance Governor would have deemed it necessary to reserve a bill containing the same
without provision for the consideration of president
instructions
from the An act of state legislature containing the same provision would be invalid
without the assent of president(when the bill is reserved for president’s
president if consideration)-Proviso ,Art 213(1)
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D.C WADHWA v STATE OF BIHAR

Repeated promulgation of the same


ordinances was a fraud on the constitution.
There must not be ordinance Raj.