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123. Power of President to promulgate Ordinances during recess of
Parliament.-(1) If at any time, except when both Houses of Parliament are in
session, the President is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of Parliament, but every such Ordinance-
(a) shall be laid before both Houses of Parliament and shall cease to
operate at the expiration of six weeks from the reassembly of Parliament,
or, if before the expiration of that period resolutions disapproving it are
passed by both Houses, upon the passing of the second of those
resolutions; and
(b) may be withdrawn at any time by the President.
Explanation.-Where the Houses of Parliament are summoned to
reassemble on different dates, the period of six weeks shall be reckoned from
the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision
which Parliament would not under this Constitution be competent to enact, it
shall be void
Bill containing the same provisions would under this
Constitution have required the previous sanction of the President for the
introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill
containing the same provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same
provisions would under this Constitution have been invalid unless,
having been reserved for the consideration of the President, it had
received the assent of the President.
(2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of the Legislature of the State assented to by the
Governor, but every such Ordinance-
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(a) shall be laid before the Legislative Assembly of the State, or
where there is a Legislative Council in the State, before both the Houses,
and shall cease to operate at the expiration of six weeks from the
reassembly of the Legislature, or if before the expiration of that period a
resolution disapproving it is passed by the Legislative Assembly and
agreed to by the Legislative Council, if any, upon the passing of the
resolution or, as the case may be, on the resolution being agreed to by
the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.-Where the Houses of the Legislature of a State having a
Legislative Council are summoned to reassemble on different dates, the period
of six weeks shall be reckoned from the later of those dates for the purposes of
this clause.
(3) If and so far as an Ordinance under this article makes any provision
which would not be valid if enacted in an Act of the Legislature of the State
assented to by the Governor, it shall be void:
Provided that, for the purposes of the provisions of this Constitution
relating to the effect of an Act of the Legislature of a State which is repugnant
to an Act of Parliament or an existing law with respect to a matter enumerated
in the Concurrent List, an Ordinance promulgated under this article in
pursuance of instructions from the President shall be deemed to be an Act of
the Legislature of the State which has been reserved for the consideration of the
President and assented to by him.
Article 213 of Constitution of India lays down the conditions under which Governor can issue ordinance, it's validity and it's subsequent shape on approval by State legislature. This lecture attempts to cover these aspects briefly.