Article 123 of the Indian Constitution: The Power of Ordinances
Article 123 of the Indian Constitution deals with the power of the President to promulgate Ordinances. This article allows the President to make laws in situations where the Parliament is not in session, but immediate action is required.
What are Ordinances?
Ordinances are essentially temporary laws issued by the President under Article 123. They have the same force and effect as Acts passed by the Parliament. However, they are subject to certain conditions and limitations.
Conditions for Promulgation:
The President can promulgate an Ordinance only when:
- Parliament is not in session: This condition ensures that the President's power to issue Ordinances is not abused and is only used in exceptional circumstances.
- The President is satisfied that circumstances exist which necessitate immediate action: This condition emphasizes the need for urgency and prevents the President from using Ordinances for political purposes.
Limitations on Ordinances:
- Validity: An Ordinance can only remain in effect for six months from the date of its promulgation. This ensures that the Ordinance is a temporary measure and does not replace the regular legislative process.
- Parliamentary Approval: If the Parliament is in session when an Ordinance is promulgated, it must be laid before both Houses of Parliament for approval. If the Parliament disapproves of the Ordinance, it ceases to be in effect.
- Judicial Review: Ordinances are subject to judicial review by the Supreme Court. The Court can strike down an Ordinance if it finds that it is unconstitutional or beyond the President's powers.
Purpose of Article 123:
The purpose of Article 123 is to provide the President with a mechanism to deal with urgent situations that require immediate legislative action. This is especially relevant in times of national emergency, natural disasters, or other unforeseen circumstances.
Criticisms of Ordinances:
While Ordinances can be useful in certain situations, they have also been criticized for:
- Abuse of Power: Critics argue that the President's power to issue Ordinances can be abused by the ruling party to push through legislation without proper scrutiny by the Parliament.
- Lack of Transparency: The process of issuing Ordinances is often opaque, and the public may not be aware of the reasons behind their promulgation.
- Bypass of the Legislative Process: The use of Ordinances can bypass the regular legislative process, which involves debates, discussions, and amendments in the Parliament.
Conclusion:
Article 123 of the Indian Constitution grants the President the power to promulgate Ordinances, allowing for immediate legislative action in emergency situations. While this power is useful, it is important to ensure that it is not misused and that the limitations and conditions are adhered to. It is also crucial to have a transparent and accountable process for issuing Ordinances.
