Political Science · Political Institutions in India
UGC NET December 2019 Political Science
Which Article of the Indian Constitution provides power to the President to promulgate ordinances?
AArticle 123 ✓ Correct
BArticle 221
CArticle 222
DArticle 223
Correct answer: (A) Article 123 — Article 123 gives the President the power to promulgate ordinances when Parliament is not in session, so it is the answer.
Explanation
★Article 123 gives the President the power to promulgate ordinances when Parliament is not in session, so it is the answer.
★An ordinance can be issued only when one or both Houses of Parliament are not in session.
★It has the same force and effect as an Act of Parliament but is a temporary law.
★An ordinance must be laid before both Houses and ceases to operate six weeks from the reassembly of Parliament.
★The corresponding power of a Governor to promulgate ordinances in a State is given by Article 213.
★In D.C. Wadhwa (1987), the Supreme Court held that re-promulgation of ordinances to bypass the legislature is unconstitutional.
★For NET, pair Article 123 (President's ordinance) with Article 213 (Governor's ordinance) and the rulings in D.C. Wadhwa and Krishna Kumar Singh.
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