Home The Constitution Part V Article 123

Art. 123 Part V: The Union

Power of President to Promulgate Ordinances During Recess of Parliament

Exact text — Constitution of India

(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 Ordinance 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... (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.

In Plain English

What this Article actually means

This Article gives the President genuine law-making power when Parliament isn't in session and immediate action is deemed necessary — an Ordinance has the same legal force as an actual Act of Parliament, but it's inherently temporary: it must be placed before Parliament once it reassembles and automatically lapses 6 weeks later unless Parliament approves it as a proper law in the meantime.

Why This Matters To You

How it shows up in everyday life

This is a genuinely significant executive power that's been the subject of considerable constitutional debate — while meant for genuine emergencies when Parliament can't quickly convene, some governments have used Ordinances more routinely, including through repeated re-promulgation, a practice the Supreme Court has specifically restricted.

Landmark Cases

How courts have interpreted this Article

D.C. Wadhwa v. State of BiharAIR 1987 SC 579 — Held that repeatedly re-promulgating an Ordinance without ever actually placing it before the legislature for a genuine vote is a 'fraud on the Constitution' and constitutionally impermissible — a check against using Ordinances to bypass Parliament's law-making role indefinitely. Verify this case

Krishna Kumar Singh v. State of Bihar(2017) 3 SCC 1 — Held that an Ordinance's effects don't automatically survive once it lapses — courts can examine whether rights or liabilities created under a lapsed Ordinance genuinely need to continue, preventing indefinite governance purely by repeated Ordinance. Verify this case

Read alongside this one

Art. 213 — Governor's Ordinance-Making Power

Frequently Asked

Quick answers about Article 123

Can the President use Ordinance power just because they think Parliament would take too long to pass a law normally?

No — this power is meant for situations where IMMEDIATE action is genuinely necessary specifically because Parliament isn't in session, not as a general shortcut around the normal, more time-consuming legislative process whenever it's inconvenient.

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The text above reproduces Article 123 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.