Article 123

Based on the constitution of India, in the absence of the House session and based on any circumstances that appear for demanding the ordinance, the President and Governor can promulgate an ordinance. The render of the actions that are necessary for the President and Governor can be provoked to make an ordinance with their given power. With satisfaction, the Governor and President can revoke the ordinance that was promulgated by them. 

Body

Information regarding Article 123

This article focuses on the available power of the Indian President and the Governor from different states. The circumstance, when both the Parliament are not conducting any session, the occurrence of a situation can force them to take mandatory actions. In this situation, according to the article, the President or the Governor of a state can promulgate an ordinance. The Act of Parliament is a necessity to take action based on the constitution. During the session, an ordinance promulgated beneath this article shall contain the same power and consequence as an Act of Parliament. The moment when a Governor takes a decision regarding employing an ordinance, the decision-making process needs to convey the cabinet’s decision regarding the Prime Minister.

The Certain Law-Making Process

The primary definition of the certain law-making process is primarily related to the development and safeguarding of the legislation according to the constitution. The immediate action that is needed to be served based on the development; there are actions that are needed to be served. Another functional approach is looking forward to the development of the law-making process. The ordinance passed by the President needs to follow the preamble. The primary essence of certain law-making by the President is allowed to use the ordinances as the requirement for immediate legislative actions. The process of withdrawing at any moment by the explanation of the President, where the Parliament is conjured to reassemble on separate dates. According to the article, the situation that referred to the inclusion of the ordinance demanded immediate action to take place.

About the Promulgate Ordinances

The process of announcing the ordinance is based on the requirement and the actions are needed to be served on the criteria of serving the nation an immediate action. The six weeks of period need to be presumed from the period for the clause purposes. Serving the actions that are required the announcement of the ordinance is based on the situation factors. The impact of the promulgated ordinance has the same power and force as the Parliament Act has, although the announced ordinance is specifically one selected as the essence of temporary action based on the situation’s demand. The satisfaction of actions that have been served in the occurrence of place needs to be dignified for the development of the ordinance. The necessity of safeguarding the ordinance might come against the misuse of the legislation that is being provided due to the situation. 

Recess of the Parliament

The duration between the prorogation of Parliament and its reassembly in a further session is named ‘recess’. The process of the recess is the gap between the sessions that are conducted in the House of Parliament, which is known as Lok Sabha, and Rajya Sabha. The sessions of the House of Parliament are held three times yearly and there is a fixed gap between the sessions. The Parliament session gaps followed for a few months. After the period the House reassembles and the next session is produced, there are certain rules that are being followed. According to Article 123, the gapping period that is known as the recess cannot be executed for more than six months.

Conclusion

The power of Article 123 provided some rules and regulations to the President and the Governor as they are the constitutional head of the nation and states accordingly. Moreover, the constitution of India has followed the steps that are required to be processed for employing the ordinance. The ordinance can be employed only during the period when the Parliament is under the period of recess or no session is being conducted.