Subject: Polity
Article 123 of the Constitution empowers the President to promulgate ordinances when Parliament is not in session. These ordinances have the same force and effect as an Act of Parliament but are intended to be temporary measures addressing urgent or unforeseen situations.
Ordinances can only be issued on subjects where the Parliament has legislative authority, must be laid before both Houses of Parliament once they reassemble, and will cease to operate if not approved within the stipulated timeframe. This ensures that the power is used sparingly and only in situations that demand immediate intervention.
Moreover, the President’s decision to issue or withdraw an ordinance is subject to judicial scrutiny, particularly if it appears to be exercised in a malafide manner. The ordinance-making power thus balances the need for swift executive action with constitutional oversight.