123. Power of President to promulgate Ordinances during recess of
Parliament.—
(1) If at any time, except when both Houses of Parliament are in
session, the President is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to
operate at the expiration of six weeks from the reassembly of Parliament,
or, if before the expiration of that period resolutions disapproving it are
passed by both Houses, upon the passing of the second of those
resolutions; and
57 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(b) may be withdrawn at any time by the President.
Explanation.—Where the Houses of Parliament are summoned to
reassemble on different dates, the period of six weeks shall be reckoned from
the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision
which Parliament would not under this Constitution be competent to enact, it
shall be void.
1
(4)* * * * *
CHAPTER IV.—THE UNION JUDICIARY
