Parliament is not in session, but the country needs a law right now. Article 123 lets the President step in and legislate by ordinance — a power that has the same force as an Act of Parliament, but expires within six weeks of Parliament reassembling. It is executive law-making, tightly bounded by the Constitution and fiercely watched by the courts.
(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 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 upon the ceasing to operate of an Ordinance, all acts done and things completed under the Ordinance before the date on which it ceases to operate shall remain valid and effective as if they had been done or completed under a law made by 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.
The Conditions for an Ordinance
- Both Houses outThe President can act only when both Houses of Parliament are not in session.
- SatisfactionThe President must be satisfied that circumstances exist which render immediate action necessary.
- Force of lawAn ordinance has the same force and effect as an Act of Parliament.
- Laid before HousesEvery ordinance must be laid before both Houses when Parliament reassembles.
- So whatSatisfaction + both Houses out of session + laying before Parliament = the three pillars.
How an Ordinance Dies
- 6 weeksThe ordinance ceases to operate six weeks after Parliament reassembles.
- DisapprovalIf both Houses pass resolutions disapproving it, it dies on the passing of the second resolution.
- Acts remain validEverything done under the ordinance before it lapsed remains valid.
- Competence limitAn ordinance cannot make any provision Parliament itself could not enact (Article 123(3)).
- So whatAn ordinance is a temporary law, not a permanent one — Parliament must convert it into an Act to keep it alive.
Ordinance vs Act
- Same forceFor the time it lives, an ordinance has the same force as a parliamentary law.
- Not permanentUnlike an Act, it dies automatically — six weeks after reassembly unless re-enacted.
- Judicial reviewThe courts can examine whether the ordinance was within the President’s competence and the Constitution.
- So whatThe exam difference: force = same as Act; life = temporary and revocable by Parliament.
Work through a 5-question chain on Article 123, then keep practising with a random Indian Polity question.
The Story of the Re-promulgation Abuse
- 1950The ordinance power was borrowed from the Government of India Act 1935 to meet genuine emergencies between sessions.
- DC Wadhwa 1987The Supreme Court struck down Bihar’s re-promulgation of ordinances as a fraud on the Constitution.
- Krishna Kumar Singh 2017A seven-judge bench held that re-promulgation is a constitutional fraud unless the ordinance is placed before the legislature.
- So whatThe power meant for emergencies became a habit — and the courts keep pulling it back to its constitutional bounds.
- Why it mattersRe-promulgation bypasses parliamentary scrutiny, so courts treat it as a fraud on the Constitution unless the legislature is genuinely unable to meet.
CAPF 2020: Statements on Ordinances
- QuestionCAPF and other competitive exams ask which statements about promulgating ordinances are correct.
- WhyThe correct statements track Article 123: both Houses out of session, immediate-action satisfaction, and laying before Parliament.
- LinkSource: CAPF AC 2020 (see Q83).
CAPF 2022: The D.C. Wadhwa Case
- QuestionCAPF and other competitive exams ask which power the D.C. Wadhwa case relates to — the answer is the Governor’s ordinance power (Article 213) and re-promulgation.
- WhyWadhwa struck down repeated re-promulgation of ordinances without legislative approval.
- LinkSource: CAPF AC 2022 (see Q65).
UPSC 2025: Ordinance Statements
- QuestionUPSC and other competitive exams ask which statements about ordinances are correct — including whether an ordinance can amend an Act.
- WhyAn ordinance can amend laws Parliament could amend, but it lapses unless converted; statements denying either are traps.
- LinkSource: UPSC CSP 2025 (see Q51).
Ordinances in the News
- Why it mattersFrom land laws to service rules, ordinances keep appearing between sessions — and every one is a potential exam question.
- So whatArticle 123 is the constitutional clock that starts ticking the moment an ordinance is signed.
- DevelopmentGovernments have used ordinances for electoral reforms and land laws; each must be converted into an Act within six weeks of reassembly.
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