Article 123 of the Constitution: Understanding the Provision
Introduction
The Constitution of India is the supreme law of the land, and it encompasses various provisions that shape the country's governance, polity, and citizens' rights. One such vital provision is Article 123, which deals with the President's power to promulgate ordinances during recess of Parliament. In this article, we will delve into the details of Article 123, its significance, and its implications on the country's democratic setup.
What is Article 123?
Article 123 of the Indian Constitution grants the President the power to promulgate ordinances during recess of Parliament. This provision enables the President to take immediate legislative action when Parliament is not in session, thereby ensuring that the country's governance and administration continue uninterrupted.
Key Provisions of Article 123
The following are the key provisions of Article 123:
- Power to promulgate ordinances: The President can promulgate ordinances on any matter that can be legislated upon by Parliament, except for certain specified matters.
- Recess of Parliament: The President can exercise this power only during the recess of Parliament, which is the period between two sessions of Parliament.
- Duration of ordinances: Ordinances remain in force for a maximum period of six months from the date of their promulgation.
- Laying before Parliament: The ordinances promulgated by the President must be laid before Parliament at its next session.
- ** Approval or disapproval**: Parliament can either approve, disapprove, or modify the ordinances.
Significance of Article 123
Article 123 is significant because it:
- Ensures continuity of governance: The provision ensures that the country's governance and administration continue uninterrupted, even when Parliament is not in session.
- Provides flexibility: It allows the President to take swift and decisive action in emergency situations or when immediate legislative action is required.
- Facilitates timely decision-making: Article 123 enables the President to take decisions quickly, without having to wait for Parliament to convene.
Criticisms and Controversies
Despite its significance, Article 123 has been criticized and involved in controversies:
- Arbitrary use of power: There have been instances where the President has been accused of misusing this power, allegedly to bypass Parliament and impose the government's will.
- Lack of parliamentary oversight: The provision has been criticized for lacking adequate parliamentary oversight, which can lead to abuse of power.
Conclusion
In conclusion, Article 123 of the Indian Constitution is a vital provision that enables the President to take swift and decisive action in emergency situations or when immediate legislative action is required. While it has its significance and benefits, it is essential to ensure that this power is exercised judiciously and with adequate parliamentary oversight to prevent its misuse. By understanding the nuances of Article 123, we can appreciate the intricate workings of our democratic system and the importance of checks and balances in governance.
