Question

When can ordinances be issued by the President?

Answer 1

Hint: Ordinances are laws proclaimed by the President of India on the advice of the Union Cabinet and have the same effect as an Act of Parliament. Only when Parliament is not in session can they be issued. They provide the Indian government with the ability to move quickly on legislation.

Complete answer:
During the recess of Parliament, the President has the ability to publish ordinances under Article 123 of the Constitution. These ordinances have the same legal power and effect as an Act of Parliament, but they are only in effect for a limited time.

In the last two years, the current administration has re-promulgated four ordinances. The 2014 Coal Mines (Special Provisions) Ordinance was passed twice. After being promulgated three times, the Land Acquisition Ordinance was finally allowed to expire. The Negotiable Instruments Ordinance of 2015 was passed thrice, with the most recent Enemy Property Ordinance being the fourth. This is most likely the first occasion in our constitutional history that an ordinance has been re-promulgated at the Centre for the fourth time.

When one of the Houses of Parliament is not in session, the President can enact an ordinance. An ordinance's maximum validity is 6 months and 6 weeks. Once both chambers of Parliament are in session, an ordinance will expire after 6 weeks. The ordinance method cannot be used to change the Constitution.

Note: The President's ordinance-making power is limited:
- He can only publish an ordinance when both chambers are not in session or when only one house is in session.
- Such criteria should exist for an ordinance to be issued, deeming it essential for the President to legislate through the ordinance.