With reference to 39 the Ordinance making power of the Indian President under Article 123 of th...........

Indian Polity President of India

With reference to 'the Ordinance making power of the Indian President under Article 123 of the Constitution’, which of the following features are correct?

1.The power of the President to promulgate an Ordinance is co-terminus with the legislative powers of the Parliament.

2.An Ordinance can be promulgated only when neither of the Houses is in

session

3.The satisfaction of the President regarding promulgation of an Ordinance is subject to judicial review.

4.An Ordinance can be promulgated if the circumstances require an immediate action by the President.

Select the correct code given below:

1,2 and 3 Only

1,3 and 4 Only

2,3 and 4 Only

All of the above

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Explanation:

Article 123 provides power to the President to promulgate ordinances when either of the Houses is not in session. There are certain limitations on this power. These are:

An Ordinance can be issued by the President only on those subjects on which the Parliament can make laws.
Legislature not being in session (Either of the Houses of the Parliament).
Satisfaction of the President is subject to judicial review on the
ground of malafide. (R.C. Cooper vs. Union of India case, 1970).
The President can promulgate Ordinances only when he is satisfied that the circumstances exist that render it necessary for him to take
immediate action. Every such Ordinance shall be laid before the Parliament on reassembly and has to be approved within 6 weeks.