Which of the following Articles of the Constitution empowers the President of India to issue an ordinance when both the Houses of Parliament are NOT in session?
123
Understanding the President's Ordinance Making Power
The question asks about the specific Article in the Indian Constitution that grants the President of India the authority to issue an ordinance. This power is exercised under particular circumstances, specifically when both Houses of Parliament are not in session.
What is an Ordinance?
An ordinance is essentially a temporary law issued by the President. This power is available when the Parliament is not sitting, and there is an urgent need for legislation. The President can issue an ordinance based on the advice of the Union Cabinet. An ordinance has the same force and effect as an Act of Parliament. However, it is temporary and must be approved by Parliament within six weeks of its reassembly, or it ceases to operate.
Identifying the Relevant Article: Article 123
The Constitution of India explicitly deals with the legislative power of the President to promulgate ordinances in Article 123. This article lays down the conditions under which the President can issue an ordinance:
- Both Houses of Parliament are not in session, or
- Either of the two Houses is not in session.
If a situation arises that requires immediate action and Parliament is not functional to make laws, the President can use this power.
Examining the Options
Let's look at the provided options and see what each Article pertains to:
| Article | Subject Matter |
|---|---|
| Article 121 | Restriction on discussion in Parliament regarding the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. |
| Article 122 | Courts not to inquire into proceedings of Parliament. Deals with the validity of any proceedings in Parliament not being called into question on the ground of any alleged irregularity of procedure. |
| Article 123 | Power of President to promulgate Ordinances during recess of Parliament. This directly relates to the question asked. |
| Article 124 | Establishment and constitution of the Supreme Court. Deals with the appointment of judges, etc. |
Based on this analysis, Article 123 is the correct Article that empowers the President of India to issue an ordinance when both Houses of Parliament are not in session.
Summary of President's Ordinance Power
The ordinance-making power under Article 123 is a crucial legislative power of the President, designed to handle situations requiring urgent legislative action when Parliament is not in session. It is not a parallel power of legislation but rather a power exercised to fill a void when the regular legislative process is temporarily unavailable.
Revision Table: Key Articles
| Article Number | Constitutional Provision |
|---|---|
| 121 | Restriction on discussion regarding Judges' conduct in Parliament |
| 122 | Courts not to inquire into Parliament proceedings |
| 123 | President's power to promulgate Ordinances |
| 124 | Establishment of Supreme Court |
Additional Information on Ordinances
- An ordinance can be withdrawn by the President at any time.
- An ordinance lapses if not approved by Parliament within six weeks from the reassembly of Parliament. If the Houses reassemble on different dates, the six weeks are counted from the later of those dates.
- The power to issue ordinances is not a discretionary power; the President acts on the advice of the Council of Ministers.
- An ordinance cannot contravene any provision of the Constitution that an Act of Parliament could not contravene.
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