Law4u - Made in India

What Is Constitution Of India Article 123?

Answer By law4u team

Constitution Of India Article 123: Power of President to Promulgate Ordinances During Recess of Parliament

(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President.

Explanation: Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

NOTE

1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).  Now thirty-three vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of 2019), s. 2 (w.e.f. 9-8-2019).

Brief Detail

Article 123 empowers the President of India to promulgate Ordinances during the recess of Parliament if urgent legislative action is required. These Ordinances hold the same effect as an Act of Parliament but must be approved within six weeks of Parliament's reassembly to remain effective.

Question & Answers

What is the primary purpose of Article 123?

Article 123 allows the President to issue Ordinances when Parliament is not in session, ensuring urgent legislative matters can be addressed promptly.

How long does an Ordinance remain valid?

An Ordinance remains valid for six weeks from the reassembly of Parliament unless both Houses disapprove it or the President withdraws it earlier.

Example

For instance, if Parliament is not in session and an urgent law is needed to address a national crisis, the President may promulgate an Ordinance to provide an immediate solution, which Parliament must later approve.

Summary

Article 123 ensures the President can address legislative needs during Parliament's recess by issuing Ordinances, subject to later approval, maintaining a balance between executive action and legislative oversight.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Irsad Husain

Advocate Irsad Husain

Civil, Cyber Crime, Divorce, Family, Landlord & Tenant

Get Advice
Advocate Rupesh Tiwari

Advocate Rupesh Tiwari

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, Tax, Breach of Contract, Medical Negligence, Banking & Finance, Customs & Central Excise

Get Advice
Advocate Abhilash Dubey

Advocate Abhilash Dubey

Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Wills Trusts, Breach of Contract, Anticipatory Bail, Arbitration, Consumer Court, Landlord & Tenant, Property, Revenue

Get Advice
Advocate Bhargavi

Advocate Bhargavi

Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, High Court, Anticipatory Bail, Criminal, Property, Wills Trusts, RERA

Get Advice
Advocate Kavan M Patel

Advocate Kavan M Patel

Anticipatory Bail,Divorce,Criminal,Cheque Bounce,Court Marriage,

Get Advice
Advocate Shyam Kumar Yadav

Advocate Shyam Kumar Yadav

Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, RERA, Succession Certificate, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Syed Hassim Akrath

Advocate Syed Hassim Akrath

Anticipatory Bail, R.T.I, Divorce, Cheque Bounce, Documentation, Criminal

Get Advice
Advocate Ravi Tegta

Advocate Ravi Tegta

High Court, Labour & Service, Consumer Court, Cheque Bounce, Anticipatory Bail, Criminal

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.