Question

The president of India is vested with an ordinance making power by article 123, he exercise this power ___________________________________.
A. When lok sabha is not in session and circumstances exist which render it necessary for the president to take immediate action.
B. When the council of states is not in session and the president is satisfied that circumstances exist which render it necessary for him to take immediate action.
C. When both the houses of parliament are not in session and the president is satisfied that circumstances exist which made it necessary for him to take the immediate action.
D. In all the above circumstances.

Answer 1

Hint: Ordinance making powers of the President lies within the Articles of the Constitution that grants the President with certain law making powers to promulgate Ordinances within the 2 Houses of Parliament, which aren’t in session and hence it is impossible to enact laws within the Parliament.
It has equivalent limitations for the Parliament to legislate, given the distribution of powers between the Union, State and Concurrent Lists.

Complete answer:
The president of India is powered with an ordinance making power with this article , he exercises that power when both the houses of parliament are not in session and the president is satisfied when the circumstances exist which make it necessary for the president to take immediate action.
However the president has the power to make an ordinance when the houses are not in session.
The powers of the president and the governor are broadly classified under the ordinance making power.
The governor of the state exercises no power to issue ordinance under this article, but the president has the power to issue ordinance under the article.
There is an equivalent limitation by the parliament to legislate, about the powers distributed between the central and the state.
The governor of the state cannot issue ordinance without the permission of the president under this article.
Under this article the president has certain law making power where he can enforce the law but the two houses of the parliament cannot enforce the law.

Hence, the correct answer is option (C).

Note:Ordinance making powers of the Governor exist when the President of India is constitutionally mandated to issue Ordinances under Article 123, the Governor of a state cannot issue Ordinances under Article, when the legislative of the state is in session.
The powers of the President and therefore the Governor are broadly comparable in reference to Ordinance making. However, the Governor cannot issue an Ordinance without receiving the instructions from the President in three cases where the assent of the President is required to pass an identical Bill.