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Who among the following has the power to promulgate ordinances under Article 123 of the Constitution of India?
The President
The Attorney-General
The Speaker of the Lok Sabha
The Chairman of the Rajya Sabha
Article 123 of the Constitution of India grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session. Hence, it is not possible for the ordinances to be issuedin the Parliament. An ordinance may be concerned with any subject that the Parliament has the power to legislate on and also has the same limitations as the Parliament to legislate according to the distribution of powers between the Union, State and Concurrent Lists. There are three limitations with regard to the ordinance making power of the executive. They are:
i. The President can only promulgate an ordinance when either of the two Houses of Parliament is not in session.
ii. The President cannot promulgate an ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action’.
iii. Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate. They will also cease to operate in case resolutions disapproving the ordinance are passed by both the Houses.
By: Himani Bihagra ProfileResourcesReport error
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