Article 123 of CoI : Article 123: The Power Of The President To Promulgate Ordinances During The Recess Of Parliament

Explanation using Example

Imagine a situation where a natural disaster strikes India during a period when both houses of Parliament are not in session. The government realizes that immediate funding and support are required to address the crisis, but there is no existing law that enables such a response.

In this scenario, the President of India, upon the advice of the Union Cabinet, decides to promulgate an ordinance to establish a disaster relief fund. This ordinance provides the necessary legal framework to allocate funds and coordinate relief efforts swiftly.

Once both houses of Parliament reconvene, the ordinance must be presented before them. If Parliament does not pass the ordinance as a formal Act within six weeks of reassembly, or if both houses pass resolutions disapproving it before the six weeks are up, the ordinance will cease to operate.

The President also retains the power to withdraw the ordinance at any time if the situation changes or if it is no longer deemed necessary.