Question

Consider the statements:

1.Ordinances are issued by the President.

2. They require parliamentary approval later.

• A. Only 1
• B. Only 2
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

C. Both 1 and 2

Constitutional Provisions for Ordinances

• Article 123 of the Indian Constitution empowers the President of India to promulgate ordinances during the recess of Parliament.

• An ordinance has the same force and effect as an act of Parliament but is a temporary legislative instrument.

Key Procedural Requirements

• Recess Condition: The President can issue an ordinance only when both Houses of Parliament (or either House) are not in session.

• Subject Limitation: The President can only legislate on matters over which the Parliament has the power to make laws.

• Approval Process: Every ordinance must be laid before both Houses of Parliament when they reassemble.

• Time Limit: Parliament must approve the ordinance within six weeks from the date of reassembly. If not approved by both Houses, the ordinance ceases to operate.

• Maximum Validity: Since the maximum gap between two parliamentary sessions cannot exceed six months (Article 85), the maximum life of an ordinance can be six months and six weeks.