Ordinance Making Power of President and Governor

TOPIC CLASSIFICATION

Subject: Indian Polity & Governance Sub-area: Executive - President and Governor Powers Difficulty: Medium Weightage: Moderate (1-2 Prelims + Mains essay component)

EXAMINER REASONING

1. Trap: Believing ordinances have the same legal effect as Acts of Parliament - they do, but they are temporary and require parliamentary approval.
2. Most confused: President's ordinance power (Article 123) vs Governor's (Article 213) - identical but Governor needs Union Government's approval in certain cases.
3. Key anchor: Article 123 (President) and Article 213 (Governor) - ordinances when Parliament/Assembly is NOT in session.
4. Current affairs hook: Ordinance route used extensively (2024-25) - Waqf Amendment Ordinance, Delhi Services Ordinance; SC's repeated strictures on ordinance Raj.
5. Mains hinge: "Ordinance-making power has been reduced to a parallel legislative mechanism. Critically evaluate the constitutional intent versus practice."

Core Concept

Article 123 - President's Ordinance Power

• President can promulgate ordinance when both Houses are not in session (or one House not in session for a bill originating there).
• Same force and effect as an Act of Parliament.
• Must be laid before both Houses when they reassemble.
• Ceases to operate 6 weeks after reassembly (or earlier if disapproved...