Indian Constitution and President's Ordinance Power

The power of the President of India to promulgate ordinances is a significant legislative power granted by the Constitution. This power allows the President to issue laws when Parliament is not in session, enabling the government to take immediate action on matters that require it.

Identifying the Article for President's Ordinance Power

The question asks which specific article of the Indian Constitution provides the President with the authority to promulgate ordinances. Let's examine the options provided:

• Article 123
• Article 221
• Article 222
• Article 223

Each of these articles deals with different aspects of the Indian constitutional framework.

Analyzing the Relevant Article: Article 123

Article 123 of the Indian Constitution explicitly grants the President the power to promulgate ordinances. This power can be exercised under specific circumstances:

• When both Houses of Parliament are not in session, or
• When either of the two Houses is not in session.

The President can issue an ordinance only if they are satisfied that circumstances exist which render it necessary for him to take immediate action. An ordinance promulgated by the President has the same force and effect as an Act of Parliament.

Duration and Approval of Ordinances

An ordinance is a temporary law. It must be laid before both Houses of Parliament when they reassemble. The ordinance ceases 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.

If resolutions are passed by both Houses approving the ordinance, it becomes an Act of Parliament.

Examining Other Options

• Article 221: This article deals with the salaries, etc., of Judges of High Courts. It is not related to the President's ordinance-making power.
• Article 222: This article concerns the transfer of a Judge from one High Court to another. It is also not related to the President's ordinance-making power.
• Article 223: This article provides for the appointment of an acting Chief Justice of a High Court. Like the others, it is unrelated to the President's power to promulgate ordinances.

Based on the constitutional provisions, Article 123 is the correct article that empowers the President to promulgate ordinances.

Conclusion on President's Ordinance Power

The power to issue ordinances is a crucial legislative power vested in the President under specific conditions, allowing the executive to respond to urgent situations when the legislature is not functioning. Article 123 is the source of this power.

Revision Table: Key Constitutional Articles

Additional Information on Ordinance Making Power

While Article 123 grants the President the power to promulgate ordinances at the Union level, the Constitution also provides a similar power to the Governors of states.

• Governor's Ordinance Power: Article 213 of the Indian Constitution grants the Governor of a state the power to promulgate ordinances during the recess of the State Legislature. This power is similar to the President's power under Article 123 but applies at the state level.
• Purpose of Ordinances: The primary purpose is to enable the executive to deal with urgent matters that require legislative action when the legislature is not in session.
• Limitations: The ordinance-making power is not a substitute for the legislative power of Parliament or State Legislature. Ordinances have a limited lifespan and must be approved by the legislature within a specified period. The President (or Governor) can also withdraw an ordinance at any time.

Understanding both Article 123 and Article 213 helps clarify the executive's extraordinary legislative powers under the Indian Constitution.