The President and Ordinances<sup>1</sup>

A.G. Noorani


Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI:
The President and Ordinances1

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This chapter discusses the power of the president to promulgate ordinances. Article 123 (1) stipulates two principal conditions. Recess of parliament is one condition. The other is the honest belief on the part of the president, that is, the government of India, that circumstances had arisen after parliament went into recess, 'which render it necessary for him to take immediate action'. No president who is asked to sign an ordinance can ignore this limitation, nor can a court of law. The fact remains that the ordinances were supposed to deal only with extraordinary situations. This power will continue to be abused till there is a judicial pronouncement upon the validity of ordinances.

Keywords: president; presidential authority; parliamentary democracy; rules of law; ordinance

Chapter.  1210 words. 

Subjects: Constitutional and Administrative Law

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