UPSC Notes

Ordinance Making Power of the President

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

Understanding the constitutional provisions for emergency legislation, the balance of power between the executive and legislature, and the potential for its use or misuse is crucial for analyzing Indian polity.

Article 123 of the Indian Constitution grants the President the power to promulgate ordinances when both Houses of Parliament are not in session, enabling immediate legislative action on matters requiring urgent attention. These ordinances have the same force and effect as an Act of Parliament but are temporary.

Phase IIStatic core

Facts & tables

Key facts

Conditions for Promulgation

Can be promulgated only when both Houses of Parliament are not in session and the President is satisfied that circumstances require immediate action.

Force and Effect

Has the same force and effect as an Act of Parliament.

Parliamentary Approval

Must be laid before both Houses of Parliament when they reassemble and ceases to operate six weeks from reassembly if not approved.

Withdrawal

The President can withdraw an ordinance at any time.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance

Reference table

Institutions & roles

BodyRole
President of IndiaPromulgates
Parliament of IndiaApproves/disapproves
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Multi-statement analysis

Prelims angle: Factual recall

Quick revision

  • Art. 123 grants President ordinance power.
  • Exercised when Parliament is not in session.
  • Has same force as an Act, but is temporary.
  • Requires parliamentary approval within 6 weeks of reassembly.
  • Can be withdrawn by President anytime.

Elimination traps

Constitutional vs statutoryThe ordinance-making power is a constitutional power (Article 123), not derived from a statutory law.

Check if created by Constitution or by Parliament.

High-confidence PYQs

Topic timeline

Indian Polity & Governance

Bill to increase Supreme Court judges passed by Lok Sabha without debate; House adjourned for day

03 Aug 2026 · The President's ordinance power (Art. 123) allows temporary legislation when Parliament is not in session, subject to parliamentary approval within six weeks of reassembly.

Read article

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Ordinance Making Power of the President

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