ARTICLE - 123 of the constitution deals with ordinance making power of the president.
DIFINITION - The constitution empower the president to promulgate ordinances during the recess of parliament .these ordinance have the same force and effect as an act of parliament, but are in the nature of temporary laws .
RECESS- The period spanning between the prorogation of a house and its reassembly in a new session.
LIMITATIONS -
- He can promulgate an ordinance only when both the houses of parliament are not in session or when either of the two houses of parliament is not in session. NOTE- An ordinance can also be issued when only one house is in session because a law can be passed by both houses and not by one house alone.
- He can make an ordinance only when he is satisfied that the circumstance exist that render it necessary for him to take immediate action. NOTE - The president satisfaction can be questioned in a court on the ground of malafide .
- An ordinance can be issued only on those subjects on which the parliament can make laws.
- An ordinance is subject to the same constitutional limitation as an act of parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
- Every ordinance issued by the president during the recess of parliament must be laid before both the house of parliament when it reassembles. NOTE- if the ordinance is approved by both houses, it becomes an act. if parliament takes no action at all, the ordinance cease to operate on the expiry of six weeks from the reassembly of parliament.
- The president can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister.
MAXIMUM LIFE OF ORDINACE- 6 months and 6 weeks ( in case of non-approval by the parliament six month being the maximum gap between the two session of parliament ).
AMENDMENT RELATED TO ORDINANCE -
- 38th CONSTITUTIONAL AMENDMENT ACT OF 1975 - The president's satisfaction final and conclusive and beyond judicial review. but this provision was deleted.
- 44th CONSTITUTIONAL AMENDMENT ACT OF 1978 - The president satisfaction is justiciable on the ground of malafide.
