Ordinance in Indian Constitution
» Ordinances are temporary laws that are promulgated by the President of India on the recommendation of the Union Cabinet.
» Ordinance can only be issued when Parliament is not in session.
» They enable the Indian government to take immediate legislative action.
» Ordinances cease to operate either if Parliament does not approve of them within six weeks of reassembly, or if disapproving resolutions are passed by both Houses.
» It is also mandatory for a session of Parliament to be held within six months of passing an ordinance.
» Therefore an ordinance can last for the duration of up to six months and six weeks if not approved by the parliament.
Ordinance promulgation under the constitution of India is a temporary legislative power vested in the president of India and governors of the states respectively under article 123 and article 213 of the constitution of India.
Provision of Ordinance Under Article 123 of Indian Constitution
1. President can issue Ordinance on the recommendation of Council of Ministers
2.Ordinance can be issued any time except when both the Houses of Parliament are in session
3.Ordinances are issued to legislate in an extraordinary circumstance.
4.An ordinance can be issued with respect to the areas where Parliament can legislate.
5.Ordinance can not be issued to amend the constitution of India
6.It is necessary to approve the ordinance within six weeks of the reassembly of the both the houses.
7. The power of Judicial Review can be applied over the ordinance.
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b. may be withdrawn at any time by the President.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.
Ordinance Making Power of Governor
Article 213 {Power of Governor to promulgate Ordinances during recess of Legislature}
1. If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except, when both Houses of the Legislature are in session, the Governor 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: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if -
a. a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or
b. he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or
c. an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.
2. An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the state assented to by the Governor, but every such Ordinance -
a. shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and
b. may be withdrawn at any time by the Governor. Explanation: Where the Houses of the Legislature of a State having a Legislative Council 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 would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.
