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Article 123 of the Constitution empowers the President to promulgate ordinances. Consider the following in this regard.
1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament.
2. An ordinance cannot be used to amend the constitution.
Which of the above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)None
Correct answer is option 'B'. Can you explain this answer?
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Article 123 of the Constitution empowers the President to promulgate ...
Explanation:
Article 123 of the Indian Constitution:
Article 123 of the Indian Constitution grants the President of India the power to promulgate ordinances during the recess of Parliament. An ordinance is a temporary law that has the same effect as an act of Parliament. However, it is temporary in nature and needs to be approved by Parliament within a specified period.
1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament:
This statement is incorrect. According to Article 123(1) of the Constitution, the President can promulgate an ordinance only when both Houses of Parliament are not in session. If both Houses are in session, the President cannot exercise this power. The purpose of granting this power to the President is to ensure that urgent and immediate action can be taken in situations when Parliament is not in session.
When an ordinance is promulgated, it must be laid before both Houses of Parliament when they reassemble. The ordinance will cease to operate at the expiration of six weeks from the reassembly of Parliament, or if disapproved by either House before that period. Therefore, an ordinance made when both Houses are in session is not valid.
2. An ordinance cannot be used to amend the constitution:
This statement is correct. The power to amend the Constitution lies with the Parliament, and not with the President. The President is only empowered to promulgate ordinances on matters that fall within the legislative competence of Parliament. The Constitution can only be amended through the prescribed procedure under Article 368, which involves the introduction and passage of a constitutional amendment bill in both Houses of Parliament, followed by ratification by the states, if required.
Therefore, the correct answer is option 'B' - 2 only.
Article 123 of the Indian Constitution:
Article 123 of the Indian Constitution grants the President of India the power to promulgate ordinances during the recess of Parliament. An ordinance is a temporary law that has the same effect as an act of Parliament. However, it is temporary in nature and needs to be approved by Parliament within a specified period.
1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament:
This statement is incorrect. According to Article 123(1) of the Constitution, the President can promulgate an ordinance only when both Houses of Parliament are not in session. If both Houses are in session, the President cannot exercise this power. The purpose of granting this power to the President is to ensure that urgent and immediate action can be taken in situations when Parliament is not in session.
When an ordinance is promulgated, it must be laid before both Houses of Parliament when they reassemble. The ordinance will cease to operate at the expiration of six weeks from the reassembly of Parliament, or if disapproved by either House before that period. Therefore, an ordinance made when both Houses are in session is not valid.
2. An ordinance cannot be used to amend the constitution:
This statement is correct. The power to amend the Constitution lies with the Parliament, and not with the President. The President is only empowered to promulgate ordinances on matters that fall within the legislative competence of Parliament. The Constitution can only be amended through the prescribed procedure under Article 368, which involves the introduction and passage of a constitutional amendment bill in both Houses of Parliament, followed by ratification by the states, if required.
Therefore, the correct answer is option 'B' - 2 only.
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Article 123 of the Constitution empowers the President to promulgate ...
- 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.
- An ordinance can also be issued when only one House is in session because a law can be passed by both the Houses and not by one House alone.
- An ordinance made when both the Houses are in session is void. Thus, the power of the President to legislate by ordinance is not a parallel power of legislation.
- This is because a constitutional amendment requires a special majority in both Parliament houses, unlike ordinary legislation that can be approved by a simple majority.
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Article 123 of the Constitution empowers the President to promulgate ordinances. Consider the following in this regard.1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament.2. An ordinance cannot be used to amend the constitution.Which of the above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) NoneCorrect answer is option 'B'. Can you explain this answer?
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