Ordinance Making Power of President: A Parallel Power of Legislation?

11 Pages Posted: 14 Feb 2010

See all articles by Amartya Bag

Amartya Bag

KIIT University - KIIT School Of Law

Date Written: February 14, 2010

Abstract

The Ordinance making power of the President has been granted in the Constitution of India under Article 123. The Article 123 gives power to the President to make Ordinances when “both Houses of the Parliament are not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.” The underlying question of debate is whether the ordinance making power of President a parallel power of legislation. This paper tries to throw a light on this question with special reference to the case of A.K. Roy v. Union of India AIR 1982 SC 710. The paper concludes that though, the ordinance making power is a co-extensive power, it is not a parallel legislation due to various safeguards in the Constitution and further judicial interpretations have made the nature of the power clear.

Keywords: Ordinance, President, India

Suggested Citation

Bag, Amartya, Ordinance Making Power of President: A Parallel Power of Legislation? (February 14, 2010). Available at SSRN: https://ssrn.com/abstract=1552673 or http://dx.doi.org/10.2139/ssrn.1552673

Amartya Bag (Contact Author)

KIIT University - KIIT School Of Law ( email )

P.O. KIIT
Orissa

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