Article 123 of the Indian Constitution: Presidential Ordinances in Modern Governance

Article 123 of the Indian Constitution: Presidential Ordinances in Modern Governance

Overview:

Article 123 delineates the President's authority to promulgate ordinances when both Houses of Parliament are not in session, addressing exigent situations that necessitate immediate legislative action.

Scope and Limitations:

The ordinance-making power is limited to situations demanding urgent legislative measures, and these ordinances have the same force as an Act of Parliament. However, they require subsequent approval from the Parliament within a stipulated timeframe to retain validity.

Modern Era Interpretation:

While the usage of ordinances has been a part of India's legislative process, the interpretation and application of Article 123 in the modern era have been shaped by notable instances and judicial considerations.

Key Instances and Judicial Pronouncements:

D.C. Wadhwa v. State of Bihar (1987): The Supreme Court emphasized that the ordinance-making power is an emergency power and should not be used as a substitute for the legislative process. It highlighted the necessity for circumstances requiring immediate action to justify the issuance of ordinances.

Krishna Kumar Singh v. State of Bihar (2017): This case reiterated that the ordinance-making power is not immune from judicial review and emphasized the need for the satisfaction of extraordinary circumstances to justify the use of ordinances.

Contemporary Relevance and Challenges:

In the contemporary landscape, the issuance of ordinances under Article 123 raises concerns and challenges:

Democratic Scrutiny:

The use of ordinances, while a legitimate constitutional provision, raises questions about democratic principles, necessitating a balance between urgency and due parliamentary process.

Overuse and Accountability:

There's apprehension regarding the frequent use of ordinances, sometimes bypassing legislative debate and scrutiny. Ensuring accountability and preventing misuse of this power remains a contemporary challenge.

Conclusion:

Article 123 of the Indian Constitution grants the President the authority to issue ordinances in extraordinary situations demanding immediate legislative action. While not heavily backed by extensive case laws, judicial pronouncements have highlighted the temporary nature of this power and the necessity for extraordinary circumstances to justify its use. Balancing urgency with democratic values remains crucial in ensuring the responsible application of this constitutional provision in the modern era.