Ordinance making power of the President | Constitutional Law

1) Introduction

          According to Article 52 of the Indian Constitution, there shall be a President of India. He is the head of the State. The Constitution of India confers certain Power to the president of India.It includes executive power, Legislative powers, Veto powers, Financial powers, Judicial powers,  Military and Diplomatic powers, Emergency powers, Pardoning power and Ordinance making power. In no country, except India, the executive is vested with legislative power. The Indian Constitution expressly confers power to make Ordinance on the President. Power to make ordinance is justified on the ground that the president must be armed with powers to meet with the serious situation when the Houses of Parliament are not in session.

2) What is ordinance? 

       An ordinance is a temporary law having the force of law. When both the houses of the Parliament are not in session, the president can promulgate Ordinance under article 123 of the Indian Constitution.

See... The President of India: Election, Qualification, Manner of Election, Term of office, Eligibility for re-election.

3) Ordinance making power of the president

            The most Important legislative power of the President is his Ordinance making Power. If at any time, when both houses of the Parliament are not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may issue such ordinance at the circumstances appear to him to require. The Ordinance issued by President shall have the same force as an Act of Parliament.
          An ordinance ceases to operate on the expiry of six weeks from the reassembly of parliament. In case if the houses reassemble on a different date, the period of six weeks is calculated from the later date.  Without parliamentary approval, an ordinance can last for a maximum period of 6 months and 6 weeks. all acts done completed under an unapproved ordinance will lapse.
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       The President may withdraw this ordinance at any time. The president exercises this power on the advice of the Prime Minister headed by the Council of Ministers. an ordinance cannot be used to amend the Constitution


See also.

Powers of the Governor

Difference between American President and Indian President