Concepts

Ordinance

CAPF wiki1 min read6 sections
At a glance
SubjectPolity

Definition

A law made by the executive when the legislature is not in session, having the same force as an Act of Parliament or a State legislature but only temporarily.

Key points

  • The President promulgates ordinances under Article 123; the Governor under Article 213.
  • Possible only when the relevant House (or both Houses) is not in session, and the executive is satisfied that immediate action is needed.
  • Must be laid before the legislature when it reassembles and ceases to operate six weeks from that date unless approved earlier.
  • Subject to concept judicial review; "re-promulgation" without placing it before the legislature was held a "fraud on the Constitution" (D. C. Wadhwa, 1987, reaffirmed in Krishna Kumar Singh, 2017).
  • It is co-extensive with legislative power, so an ordinance cannot do what an Act cannot.

Why it matters for CAPF

Articles 123 and 213, the six-week rule, and the ban on routine re-promulgation are recurring polity-procedure items.

Common confusion

President under Art 123, Governor under Art 213; an ordinance is temporary law, not a permanent Act; it lapses six weeks after the legislature reassembles.

One-line recall

Executive-made temporary law (President Art 123, Governor Art 213) when the legislature is not in session; lapses six weeks after it reassembles.

Parent note

union executive

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