Under Article 123, the President's power to promulgate Ordinances during the recess of Parliament:
Answer & Solution
Correct answer: C.
1. Article 123(1) authorises the President to promulgate an Ordinance only when (i) both Houses of Parliament are not in session AND (ii) the President is satisfied that circumstances exist rendering it necessary to take immediate action.
2. The Ordinance has the same force as an Act of Parliament but ceases six weeks after Parliament re-assembles (Article 123(2)(a)).
3. The President cannot act on subjects outside Parliament's legislative competence.
4. In D. C. Wadhwa v. State of Bihar, AIR 1987 SC 579, the Court condemned re-promulgation of Ordinances as a fraud on the Constitution.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 123(1)_
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