Under Article 123, the President's power to promulgate Ordinances duri…

Question

Under Article 123, the President's power to promulgate Ordinances during the recess of Parliament:

Accepted Answer

C. is exercisable only when both Houses are not in session AND the President is satisfied immediate action is required

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)_

Answer

is unlimited and may be exercised at any time, including when both Houses are in session

Answer

requires the prior approval of both Houses of Parliament before the Ordinance is promulgated

Answer

may be exercised only on subjects in the Concurrent List of the Seventh Schedule