Nature of Ordinance-making power of the President of India - Safeguards against possible misuse

IAS Mains General Studies Sample Answers

Comment on the nature of Ordinance-making power of the President of India.

What safeguards are there against possible misuse ?

To promulgate ordinances under Article-123 is the most important power of the President. The promulgation of an ordinance is not necessarily connected with an ‘emergency’ but issued by the President in case he is convinced that it is not possible of have the Parliament enact on same subject immediately and the circumstance render it necessary for him to take ‘’immediate action’’.

The ordinance thus issued by the President has same force and effect as an Act of Parliament. Such an ordinance must receive Parliamentary approval within six weeks of the next session of the Parliament. It cannot be called for question in any court of law, on the grounds of mollified. In this the satisfaction of the president denotes not personal satisfaction but advice of the council of Ministers.

Safeguards

  • The parliament has the power to disapprove the provisions of the ordinance.
  • It may be withdrawn by the President.
  • It shall cease to operate if not passed by the both Houses.
  • It may be withdrawn before the period of six weeks by passing resolution disapproving it.
Article 123 empowers the President to promulgate Ordinances when both the Houses of Parliament are not in session if he is satisfied that circumstance exist rendering it necessary to take immediate action. Corresponding powers have been conferred by the Constitution on the Governor under article 213. Similar powers have been conferred on the Administrator under article 239B when the Legislature of a Union territory is not in session. Read more.. (Source: Indiacode.nic.in)

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