What is Article 123 of Indian Constitution – Defination & Meaning

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
📅 Part V – The Union
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Article Number

123

part

Part V – The Union

Status

Active

Bare Acts Text

Article 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
    • (b) may be withdrawn at any time by the President.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.
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Full Definition & Explanation

Article 123 of the Indian Constitution gives the President the power to issue Ordinances when both Houses of Parliament are not in session. This situation usually arises when urgent action is required, and waiting for the Parliament to meet would delay necessary governance. For example, if a natural disaster occurs and immediate measures are needed, the President can enact an Ordinance to address the situation swiftly. This power is designed to ensure that governance remains responsive to the needs of the people even when Parliament is not in session. However, any Ordinance issued under this article must be approved by both Houses of Parliament once they reconvene. If they do not approve the Ordinance within six weeks, it automatically expires. This provides a check on the President’s power, ensuring that he cannot bypass Parliament indefinitely. Additionally, the President can withdraw an Ordinance at any time, which adds flexibility to the government’s actions. This system reflects a balance between the need for quick responses to emergencies and the democratic principle of legislative oversight. It is key to note that if an Ordinance includes provisions that Parliament cannot legally enact, then that part of the Ordinance is void. This ensures that the President’s actions remain within the bounds of the Constitution. In practice, this article has been used in various situations, including during economic crises or public health emergencies, demonstrating its practical impact on governance in India. By allowing rapid legislative action, it helps to address pressing issues effectively while still maintaining a democratic framework.

Historical Context

Article 123 was included in the Constitution adopted in 1950, following extensive debates in the Constituent Assembly. The framers recognized the need for a mechanism that would allow the government to act swiftly in emergencies. Concerns over executive overreach led to a careful framing of this article. The Supreme Court has examined this power in cases like ‘Minerva Mills vs. Union of India’, emphasizing that Ordinances must not infringe on Parliament’s authority. This reflects the ongoing dialogue about balancing powers in a democratic framework.

Key Features

– The President can issue Ordinances when Parliament is not in session.
– Ordinances have the same force as Acts of Parliament.
– They must be approved by both Houses of Parliament within six weeks.
– The President can withdraw an Ordinance at any time.
– An Ordinance is void if it exceeds the President’s constitutional powers.

Importance & Impact

– This power allows the government to respond quickly to emergencies.
– It ensures that governance continues even when Parliament is not active.
– The six-week approval limit prevents long-term executive actions without proper oversight.
– Ordinances can be revoked by the President, allowing for responsive governance.
– This article maintains a balance between executive functions and legislative oversight.

Sample UPSC Question

Consider the following statements regarding Article 123 of the Indian Constitution: 1. The President can issue Ordinances only when both Houses of Parliament are in session. 2. Ordinances issued by the President must be approved by Parliament within six weeks after they reassemble. 3. The President has the authority to withdraw an Ordinance at any time. Which of the statements is/are correct? A) Only statement 1 is correct. B) Statements 2 and 3 are correct. C) All statements are correct. D) Statements 1 and 3 are incorrect.

Answer

The correct answer is B. Statement 2 is true as Ordinances must be approved within six weeks. Statement 3 is also correct because the President can withdraw an Ordinance. Statement 1 is incorrect, as the President can only issue Ordinances when Parliament is not in session, not when it is in session.

Key Takeaways

✓ Article 123 allows the President to issue Ordinances.
✓ Ordinances must be approved by Parliament within six weeks.
✓ The President can withdraw Ordinances at any time.
✓ An Ordinance is void if it exceeds constitutional limits.
✓ This article ensures a balance between executive actions and legislative checks.

FAQs

An Ordinance is a temporary law made by the President when Parliament is not in session. It allows for immediate action on urgent matters, like public health crises or economic emergencies. However, it must be approved by both Houses once they reconvene, ensuring that it does not undermine the legislative process.

This provides a check on the President’s power, ensuring that he cannot bypass Parliament indefinitely. Additionally, the President can withdraw an Ordinance at any time, which adds flexibility to the government’s actions. This system reflects a balance between the need for quick responses to emergencies and the democratic principle of legislative oversight.

This ensures that the President’s actions remain within the bounds of the Constitution. In practice, this article has been used in various situations, including during economic crises or public health emergencies, demonstrating its practical impact on governance in India. By allowing rapid legislative action, it helps to address pressing issues effectively while still maintaining a democratic framework.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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