Ordinance making powers of the Executive in India
Distilled Policy Brief
- Article 123 empowers the President to promulgate an Ordinance when either House of Parliament is not in session, and the Ordinance may relate to any subject within Parliament’s legislative competence.
- An Ordinance must be approved by Parliament within six weeks of its reassembly, otherwise it ceases to operate, and it also lapses if both Houses pass a resolution disapproving it.
- Judicial review of the President’s Ordinance power has shifted: the 1975 38th Constitutional Amendment made the President’s satisfaction final, while the 1978 44th Amendment deleted that clause, restoring judicial review.
🎯 Prelims High-Yield Examination Points
Article 123 (President’s ordinance power), six‑week parliamentary ratification, and the 38th/44th Constitutional Amendments affecting judicial review.
⚖️ Mains Analytical & Syllabus Linkages
Separation of powers and checks on executive ordinance making; impact of constitutional amendments on judicial review; need for procedural safeguards.
🎯 UPSC Prelims Practice Drill
Which of the following statements accurately reflects the constitutional provisions and amendments governing the President’s power to promulgate an Ordinance in India?
- [A] An Ordinance can continue indefinitely unless withdrawn by the President.
- [B] The President’s satisfaction that immediate action is required is beyond judicial review after the 44th Amendment.
- [C] An Ordinance ceases to operate if both Houses of Parliament pass a resolution disapproving it.
- [D] The President may promulgate an Ordinance even when both Houses of Parliament are in session.
▶ Reveal Official Answer & Analytical Explanation
Article 123 allows the President to issue an Ordinance only when a House is not in session, and it must be approved within six weeks or it lapses; additionally, it ceases if both Houses pass a resolution disapproving it. The 44th Amendment restored judicial review, so the President’s satisfaction is not final. Options A, B and D contradict these provisions.
🏛️ Historical Twin PYQ Anchor (2021)
Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.