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Constitution of India · Part V: The Union · President

Article 123: Power of President to promulgate Ordinances during recess of Parliament

In plain words

When both Houses of Parliament are not in session, the President can issue an Ordinance if satisfied that circumstances require immediate action. An Ordinance has the same force as an Act of Parliament.

  • It must be laid before both Houses, and stops operating six weeks after Parliament reassembles, or earlier if both Houses pass resolutions disapproving it.
  • If the Houses reassemble on different dates, the six weeks are counted from the later date.
  • The President can withdraw it at any time.
  • An Ordinance is void to the extent it makes provision that Parliament itself could not enact.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(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 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(b) may be withdrawn at any time by the President.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.

(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. * * * * *

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 123 lets the President make Ordinances when both Houses of Parliament are not in session, if satisfied that circumstances make immediate action necessary. An Ordinance has the same force as an Act of Parliament, but it is temporary: it must be laid before both Houses and lapses six weeks after Parliament reassembles unless replaced by an Act.

The conditions

  • At least one House is not in session. A prorogued or adjourned House counts.
  • The President, acting on the advice of the Council of Ministers (Article 74), is satisfied that immediate action is necessary.
  • The Ordinance can only deal with matters Parliament could legislate on (clause 3); otherwise it is void.
  • It is subject to Fundamental Rights like any law (Article 13 includes Ordinances).

Life of an Ordinance

  • It must be laid before both Houses when they reassemble.
  • It ceases to operate six weeks after reassembly, or earlier if both Houses pass disapproving resolutions.
  • Where the Houses reassemble on different dates, the six weeks run from the later date.
  • The President may withdraw it at any time.
  • Because Parliament must meet within six months of its last sitting (Article 85), an Ordinance can in practice last about seven and a half months at most.

Judicial review of the satisfaction

The 38th Amendment (1975) tried to make the satisfaction immune from review; the 44th Amendment (1978) removed that clause. Courts will not examine whether the satisfaction was wise, but they can examine whether it was a fraud on power, mala fide, or based on irrelevant grounds. The power is meant for emergent situations, not as a parallel route to legislation.

Re-promulgation

Repeatedly reissuing the same Ordinance without placing it before the legislature defeats the Constitution. The Supreme Court condemned this in D.C. Wadhwa (1986) for State Ordinances, and in Krishna Kumar Singh (2017) a seven-judge Bench held that such re-promulgation is a fraud on the Constitution. The reasoning applies equally to the President's power under this Article.

Key Supreme Court rulings

  • Krishna Kumar Singh v. State of Bihar 2017 INSC 1

    Decided on Article 213, the parallel power of the Governor. Ordinance power is conditioned by the legislature not being in session and satisfaction that immediate action is necessary; necessity is distinguished from mere desirability. Laying before the legislature is mandatory, and successive Ordinances never laid were a fraud on constitutional power. The satisfaction of the President under Article 123 and the Governor under Article 213 is not immune from judicial review after the 44th Amendment.

  • D.C. Wadhwa v. State of Bihar (1987) 1 SCC 378

    The practice of re-promulgating Ordinances again and again without placing them before the legislature is a colourable exercise of power and subverts the democratic process.

  • R.K. Garg v. Union of India AIR 1981 SC 2138

    A Constitution Bench held that the power to issue Ordinances is "co-extensive with the power of the Parliament to make laws", so the President could alter tax laws by Ordinance just as Parliament could by statute, subject to the same constitutional limits.

Common mistakes

  • Thinking an Ordinance is executive action; it is law with the force of an Act.
  • Saying the President's satisfaction is wholly non-justiciable; that clause was removed by the 44th Amendment.
  • Assuming an Ordinance can be renewed indefinitely; re-promulgation without laying is a fraud on the Constitution.

Read with: Article 213 Constitution, Article 13 Constitution, Article 74 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 123