Article 123 In English | Article 123 Of Indian Constitution In English | What Is Article 123

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Article 123 Of Indian Constitution In English

Article 123 – Power of President to promulgate Ordinances during recess of Parliament.
(1) If at 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 Ordinance 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 House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble 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(b) may be withdrawn at any time by the President Explanation Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be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.
(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 CHAPTER IV THE UNION JUDICIARY.

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Article 123 In English

123 Article – Power of President to issue ordinances during recess of Parliament.
(1) If at 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 Ordinance Which seems to be the need of the circumstances.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance.
(a) be laid before both Houses of Parliament and cease to function on the expiration of six weeks from the reconstitution of Parliament, or, if before the expiration of that period, resolutions rejecting it are passed by both Houses , then the second of those propositions; And
(b) may be withdrawn by the President Explanation at any time where the Houses of Parliament are called to reassemble on different dates, the period of six weeks following those dates for the purposes of this clause will be considered.
(3) If and in so far as an Ordinance under this Article makes any provision which Parliament shall not be competent to enact under this Constitution, this Chapter IV of the Central Judiciary shall be void.

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What Is Article 123 Of Indian Constitution?

Article 123 Debate Summary

Draft Article 102 (Article 123) was debated on 23 May 1949. It laid down the scope and limits of the President’s power to pass ordinances. A member proposed that clause (1) be amended to limit the power to make ordinances to a time when neither House of Parliament is in session, as the existing provision was too broad. The chairman of the drafting committee protested that this would waste power as both houses of Parliament were involved in passing the law.

Therefore, it was necessary to allow the President to exercise these powers even when a House is in session, because then ‘the framework for passing laws in ordinary procedure does not exist’. Another member proposed that clause (1) be amended so as to include a provision that no ordinance shall ‘deprive any citizen of his right to personal liberty, except on trial by a competent court. After.’ of ordinances in the British provinces, which detained people for long periods of time and denied them trial.

Citizens should not be deprived of their Fundamental Rights even in emergency situations. In response, the Chairman of the Drafting Committee stated that clause (3) of the draft article already stipulated that ordinances ‘shall be subject to the same limitations as a law made by the legislature by ordinary procedure’, including the need to pass legislation Is.

which were in conformity with the fundamental rights. Since the draft Article 15 (Article 21) already provides this protection to citizens, this amendment was unnecessary. A member suggested an amendment which required the Ordinance to be laid before Parliament within four weeks from the date of issue. He argued that when read with the draft Article 69 (Article 85), the effect of this provision was that an ordinance could potentially be in effect for seven and a half months, which was an excessively long period.

The imposition of a fixed time period within which an ordinance would expire was an essential safeguard against abuse of legislative power. While other members agreed with the rationale behind this amendment, there was disagreement about the time period. A member proposed that the ordinance should automatically lapse within thirty days from the date of promulgation.

Another member proposed that the clause be amended to ensure that an ordinance was laid before both the Houses immediately after the reconstitution of Parliament, in which it would cease to function unless any is not approved by the House. In response, the Chairman of the Drafting Committee argued that these amendments did not cover emergencies in which Parliament could not be easily reconvened within the stipulated time frame.

They argued that it was an emergency power with a very limited scope and that there were adequate safeguards within the draft Article and other parts of the Constitution that would prevent misuse. The proposed amendments were rejected, and the draft Article was accepted by the Assembly. It was adopted on 23 May 1949.

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