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Article 123 of the Constitution of India has given certain ordinance making power of the President to the President of India, who can promulgate the ordinances. The main aspect is that the President of India can enact the ordinance when the Parliament is not functioning or not in session. The President of India has special power in law-making, and this will aid him in promulgating the ordinance when both the houses of the Parliament are not in session and can make the laws during that time.
Ordinance Making Power of the President and Its Limitation
The ordinance-making power is highly executive and limited when the Parliament is not in the session. Suppose the President cannot promulgate the ordinance if he is not satisfied and needs urgent and immediate action. If there is Parliamentary approval in the session, the law must be approved within six weeks, or it shall cease for the operation. If the resolution is not approved within the period or the ordinance, the procedure will stop.
Comparison Between Ordinance Making Power of President and Governor
The important powers of the Legislative executives of the Constitution of India are ordinance makings, and it is vested in the President of India and the Governor.
The table shows the comparison between the ordinance making power of the President and the governor.
Power of President Article 123 | Power of Governor Article 213 |
The President can only promulgate the ordinance when he is satisfied and the President must take immediate action on the specific issue. | The Governor can only promulgate the ordinance when he is satisfied and the Governor must take immediate action on the Specific issue. |
The President can withdraw or promulgate the ordinance only with the advice of the Prime Minister, Council of Ministers. | The governor can withdraw or promulgate the ordinance only with the advice of the chief minister, the Council of Ministers. |
The President can only issue ordinances that are related to the Parliament which can only pass the legislation and the Parliament related acts. | The Governor can only issue ordinances that are related to the State which can only pass the legislation and the State-related acts. |
The President can withdraw the ordinance at any time. | The Governor can withdraw the ordinance at any time. |
The ordinance which is promulgated by the President can be enforced and act as Parliamentary law. | The ordinance which is promulgated by the Governor can be in force and act as State Legislature. |
Ordinance Making Power of President
Article 123 of The Constitution of India talks about the ordinance making power of the President, and he can promulgate the law when the two houses are not in session, and he should be satisfied. The President of India must take action. The ordinance which is made should not abridge the Constitution of India. The introduced ordinance must be placed before the two houses when the two houses correspond. If the Parliament does not approve the ordinance, it shall be ceased within the six weeks from the correspondence of the two houses in the Parliament. If the ordinance is disapproved under any circumstances after six weeks of the timeline, the ordinance will become ineffective.
The President of India can withdraw the ordinance at any time. The President can also introduce or withdraw the rule with the confirmation of the Prime minister of India and the Council Minister. Hence, making the ordinance is not discretionary to the President of India. The President can make ordinances only related to the Parliament and which can be in the Parliamentary act only.
What is the Meaning of the Ordinance?
Let us understand what is the meaning of the ordinance. These are the laws promulgated by the President of India, which are done with the union cabinet’s recommendation and will become effective in the Parliament. The ordinance is the one that can be enacted when the Parliament is not in session. This will make the government of India take immediate action, which is in the legislative process. The other factor is that the ordinance will cease the procedure of the Parliament if the ordinance is not approved within the six weeks of the correspondence of the Parliament, and the two houses shall approve the ceasing of the Parliament. The Parliament session is held within six months, and if the ordinance is not placed, it will lose its course of action.
Conclusion
The President of India has special power in law-making. This will aid the President in promulgating the ordinance when both the houses of the Parliament are not in session. The President will have the ordinance making power of the President and the ability to withdraw the ordinance. The President can also introduce or withdraw the ordinance with the confirmation of the Prime minister of India and the Council of Ministers. Hence, making the ordinance is not discretionary to the President of India. The President can make ordinances only related to the Parliament and which can be in the Parliamentary act only.
