What is the Power of President to promulgate Ordinances during recess of Parliament? Article 123 of Constitution of India, 1949
Power of President to promulgate Ordinances during recess of Parliament are defined under Article 123 of Constitution of India 1949. Provisions under this Article is:
Article 123 of Constitution of India "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 Ordinance 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 House of Parliament and shall
cease to operate at the expiration of six weeks from the
reassemble 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(b) may be withdrawn at any time by the President.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.