Article 123 of the Indian Constitution: A Comprehensive Guide
Article 123 of the Indian Constitution deals with the power of the President to issue Ordinances during periods when Parliament is not in session. This article plays a crucial role in ensuring the smooth functioning of the government and allows for swift action in situations demanding immediate attention.
What are Ordinances?
Ordinances are laws promulgated by the President when Parliament is not in session. These laws have the same force and effect as Acts passed by Parliament. However, they are temporary in nature and require ratification by Parliament within six weeks of its reassembly. If not ratified, the Ordinance lapses automatically.
The Power of the President under Article 123
Article 123 empowers the President to promulgate Ordinances under the following conditions:
- When Parliament is not in session: The President can issue Ordinances only when both houses of Parliament are not in session.
- When circumstances necessitate immediate action: The President can issue Ordinances only if the situation demands immediate action and cannot wait for the next session of Parliament.
- Subject to the same restrictions as laws passed by Parliament: The President can issue Ordinances only on matters that Parliament has the power to legislate upon.
Significance of Article 123
Article 123 serves several important purposes:
- Ensures Continuity of Governance: It allows the government to take immediate action on urgent matters even when Parliament is not in session.
- Provides Flexibility in Lawmaking: It offers flexibility in the lawmaking process by enabling the President to promulgate laws without waiting for Parliament to convene.
- Addresses Emergencies: It helps address emergencies and unforeseen situations that require immediate attention.
Limitations on the Power to Issue Ordinances
While Article 123 empowers the President to issue Ordinances, it is subject to several limitations:
- Time Limit for Ratification: Ordinances must be ratified by Parliament within six weeks of its reassembly.
- Parliamentary Scrutiny: Parliament can scrutinize the Ordinance and either ratify it or repeal it.
- Judicial Review: The Supreme Court can review the validity of Ordinances.
Historical Significance
Throughout India's history, Article 123 has been invoked on numerous occasions. The power to issue Ordinances has been used to address various issues, including economic reforms, law and order situations, and natural calamities.
Conclusion
Article 123 is a crucial provision of the Indian Constitution that empowers the President to issue Ordinances in exceptional circumstances. It ensures the continuity of governance and provides flexibility in the lawmaking process. However, the power to issue Ordinances is subject to various limitations, ensuring that it is not misused.
Please note: This article is for informational purposes only and does not constitute legal advice.
