The Constitution of India
Power of President to promulgate Ordinances during recess of Parliament
- Jurisdiction
- India
- Provision
- 123
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceat any time, except when both Houses of Parliament are in session, the President is satisfied
that circumstances exist which render it necessary for him to take immediate action, he may
promulgate such Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same force and effect as
an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to operate at the
expiration of six weeks from the reassembly of Parliament, or, if before the expiration
of that period resolutions disapproving it are passed by both Houses, upon the passing
of the second of those resolutions; and
(b) may be withdrawn at any time by the President.
Explanation:- Where the Houses of Parliament are summoned to reassemble on
different dates, the period of six weeks shall be reckoned from the later of those dates for the
purposes of this clause.
59 THE CONSTITUTION OF INDIA
(Part V. — The Union)
(3) If and so far as an Ordinance under this article makes any provision which
Parliament would not under this Constitution be competent to enact, it shall be void.
1
[(4) * * * *]
CHAPTER - IV
THE UNION JUDICIARY
Source record
Source and verification
The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
Check the upstream source for currency, amendments, and official formatting. The recorded status describes this source version.
Open upstream source