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Consider the following with regard to Ordinance making power of President:
1) Ordinance making is the discretionary power of the President of India.
2) President can promulgate or withdraw an ordinance only on the advice of Cabinet Ministers.
Which of the statements given above is/are incorrect?
1 only
2 only
Both
None
Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws.He can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session. An ordinance can also be issued when only one House is in session because a law can be passed by both the Houses and not by one House alone. An ordinance made when both the Houses are in session is void. Thus, the power of the President to legislate by ordinance is not a parallel power of legislation.However, his power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister. (not Cabinet Ministers)
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