Article 123 of the Indian Constitution: Explanation
Article 123 of the Indian Constitution deals with the power of the President to promulgate Ordinances, which are laws made by the President without the consent of the Parliament. This article is considered to be an exceptional power granted to the President and is subject to several limitations and restrictions.
What are Ordinances?
Ordinances are legal instruments that hold the force of law, much like Acts passed by the Parliament. However, they are issued by the President on the advice of the Council of Ministers and are used when the Parliament is not in session, or when there is an urgent need for legislation.
Why are Ordinances Used?
Necessity: Ordinances are issued when there is an immediate need for a law to be enforced. This could arise due to a crisis situation, an urgent public interest, or a need to address an unforeseen circumstance.
Parliamentary Recess: When the Parliament is not in session, the government may face difficulty in passing necessary legislation. In such cases, the President can issue an ordinance to address the situation.
Limitations and Restrictions
The power to issue ordinances is not absolute and is subject to several limitations:
1. Subject to Parliamentary Approval: Although ordinances have the force of law, they need to be approved by the Parliament within six weeks of its re-assembly.
2. Expiry: Ordinances automatically expire six weeks after the Parliament re-assembles, unless they are approved by the Parliament.
3. President's Satisfaction: The President can only issue an ordinance if they are satisfied that there is an immediate necessity for it.
4. Judicial Review: The validity of an ordinance can be challenged in the courts. The Supreme Court has the power to strike down an ordinance if it finds it to be unconstitutional or violative of fundamental rights.
5. Cannot be Used for Certain Purposes: Ordinances cannot be used to amend the Constitution or to impose taxes.
Historical Context
Article 123 has been a source of controversy throughout Indian history. There have been instances where ordinances have been misused for political purposes, leading to criticism from the opposition and civil society.
Conclusion
Article 123 of the Indian Constitution provides the President with the power to issue ordinances under exceptional circumstances. While this power is essential for ensuring smooth governance, it must be exercised with utmost care and within the framework of the constitution. The potential for misuse and the importance of parliamentary approval are key considerations when evaluating the role of ordinances in Indian democracy.
