ASSIGNMENT ON ORDINANCE POWER

Article 123à Power of president to promulgate ordinances.

Article 213à Power of governor to promulgate ordinances.

Laws are formulated by parliament when both the houses of parliament are not in
session(Especially, Lok Sabha as it is a non-permanent house). Ordinance is an excision measure
taken by president or governor when both the houses of parliament are not in session.

For e.g. à Present ordinance of cut in income by 30% of parliamentarian’s (President, Prime
Minister, Chief minister , Governor ,etc.)

Article 123 and 213 are very unique power vested with executive authorities which is exclusive
only to our country(India) , Not even in United Kingdom such power exists.

So, Article 123(1) answers when and how?

à When president is satisfied that circumstances exist which render it necessary for him to take
immediate action, then he may promulgate such ordinances as the circumstances appears to him
requires.

PRESIDENTà ON SUBJECTS OF UNION LIST (LIST I) à SCHEDULE 7

GOVERNORà ON SUBJECTS OF STATE LIST (LIST II) à SCHEDULE 7

Further judiciary cannot review circumstances that why such ordinance has been promulgated
but, it can only check it’s “validity” or “vires”. Which means judiciary cannot check propriety or
circumstances which led president to promulgate ordinance in first place.

CASEà D.C. wadhwa v. State of Bihar (1987)

In this case 256 ordinances were promulgated in State of Bihar and such ordinances were being
re-promulgated time and again and Moreover such ordinances were not being discussed in
legislature Even, when parliament was back in session. Span of time was (1978-1981) almost for
5 years.
SC held in this case that government is trying to bypass legislature by re-promulgating an
ordinance time and again and trying to keep an ordinance alive for indefinite time, Hence it is
ultra vires. Ordinance is a shortcut way to enact certain law but, it is duty of legislature once
parliament it is back in session shall discuss such law or ordinance with due scrutiny.

Caseà “T Venkata reddy v. Union of India”

In this case it was held that ordinance is subjected to fundamental rights because ordinance is
legislative power of the parliament So, as act of legislature is subjected to constitutional
limitations similarly ordinance is also subjected to constitutional limitations .

Article 13(3)(a)à Law includes any ordinance, order, bylaw, rule, regulation or notification.
(It is an restrictive definition)
Ordinance is an act of legislature cannot be treated as executive action.

Article 123(2)à System of checks and balances (Safeguard)

Article 123(3)à Ordinance is equivalent to act of legislature.

4 situation’s by which ordinance comes to an end:-

1. Article 123 (2)(b)à when an ordinance is withdrawn by Executive.
2. Article 123 (2)(a)à Executive lets an ordinance lapse without bringing it to parliament
for discussion.
 3. When resolution for disapproval of such ordinance is passed by parliament.
4. When an ordinance is not replaced by an act within stipulated period of time.

Therefore, Article 123(1) answers “When” and “How” aspects.

Article 123(2) answers safeguards or circumstances for end of an ordinance.
Article 123(3) answers that an ordinance is equivalent to an act of legislature.

NAMEà MANAN GOYAL

ROLL NO. à 123