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(b) may be withdrawn at any time by the President.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
-
The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
- Yudhvir Singh & Anr v. Govt. of NCT of Dlehi & Ors
- Gajender Singh Drall and Ors v. Govt of NCT of Delhi and Ors
-
Government of NCT of Delhi v. Union of India
Whether the Union Government has the unilateral power to appoint the Chief Secretary of NCTD and; whether the Union Government has the power to extend the service of the incumbent Chief Secretary. Constitution of India…
-
Areas v. UOI [Dr. Dhananjaya Y Chandrachud, Cji]
Matter pertains to the scope of the Court’s power to issue directions for the grant of proportional representation for the Limboo-Tamang Scheduled Tribes in the House of the People and in the Legislative Assemblies of…
- Jhawar Lal Jain v. Acit Circle 49(1) Delhi & Anr
- M R Auxiliary Services Private Limited v. Income Tax Officer & Anr
- Tarvinder Singh Juneja v. Assistant Commissioner of Income Tax & Anr
- Anish Singla Huf v. Income Tax Officer Ward 43 6 Delhi
- Rita Somani v. Assistant Commissioner of Income Tax and Anr
- Orris Infrastructure (P) Ltd v. Assistant Commissioner of Income Tax, Circle- 19(1) Delhi
- Gurcharan Kaur v. Income Tax Officer Ward 69(1) New Delhi & Ors
- Hema v. Income Tax Officer, Ward 36(1), Delhi & Ors
- South East UP Power Transmission Company Limited v. Deputy Commissioner of Income Tax, Central Circle-19 Delhi & Ors
- Archna Gakhar v. Principal Commissioner of Income Tax Delhi 10 & Anr
- Shalini Gupta v. Income Tax Officer, Ward -46(6) Delhi & Anr
- Dr. Bharat Aggarwal v. Assistant Commissioner of Income Tax, Circle-52(1), Delhi & Anr
- Trishla Jain v. Income Tax Officer Ward 45(1), Delhi and Ors
- Devendra Kumar Saini v. Income Tax Officer Ward 28(1) Delhi and Anr
- Satpaul Goel v. Assessment Unit, National Faceless Assessment Centre & Ors
- Bhole Nath Foods Limited v. Deputy Commissioner of Income Tax, Circle-4-2, Delhi & Anr
- Amit Jain v. Assisstant Commissioner of Income Tax Circle 58(1) Delhi
- Pushpa Rathi v. Income Tax Officer Ward 30(1) & Anr
- Shirish Jain v. Income Tax Officer Ward 70-1, Delhi & Anr
- Amit Sharma v. Assistant Commissioner of Income Tax, Circle 52-1 & Ors
- Blb Limited v. Deputy Commissioner of Income Tax & Ors
- Dr. Vinod Kumar Upadhyaya v. Assistant Commissioner of Income Tax Circle 19-1, Delhi & Anr
- Ganesh Dass Khanna v. Income Tax Officer and Anr
- Astha Arora v. Income Tax Officer Ward 35(1) Delhi & Anr
- Geeken Seating Collection Private Limited v. Assistant Commissioner of Income Tax & Anr
- Samta Educational Minority Trust v. Income Tax Officer Ward Exemption 2(1) Delhi & Ors
- Apollo International Ltd v. Assistant Commissioner of Income Tax Circle 1 (1) Delhi
- Anita Kathuria v. Assistant Commissioner of Income Tax Circle 28(1), New Delhi & Anr
- Mahesh Mittar Jain v. Income Tax Officer Ward 71(3) & Ors
- Dashmesh Fin Invest Company Private Limited v. Income Tax Officer, Ward 7-1 & Anr
- Suntouch Infrasolutions Private Limited v. Assistant Deputy Commissioner of Income Tax, Circle 22(2), Delhi and Ors
- Sunil Nosaria v. Income Tax Officer, Ward 21(1), Delhi
- Arvinder Kaur v. Assisstant Commissioner of Income Tax Circle 43(1) New Delhi & Ors
- Yogesh Rustogi v. Income Tax Officer & Ors
- Harjeet Singh Arora v. Deputy Commissioner of Income Tax, Circle 4-2 & Ors
- Chandra Bhushan Ray v. Income Tax Officer, Ward-54(1), Delhi & Ors
- Manoj Kumar v. Income Tax Officer, Ward 36(1), Delhi & Ors
- Parnika Rathi v. Income Tax Officer Ward 30(1), Delhi & Ors
- Pytex Impex Private Limited v. Assistant Commissioner of Income Tax Circle 19(1), Delhi & Anr
- Rama Jain (Through Legal Heir Sh. Mahesh Mittar Jain) v. Income Tax Officer Ward 21(1), Delhi & Anr
- Rajender Prasad Shukla v. Assistant Commissioner of Income Tax, Circle- 58(1), Delhi & Ors
- Chitranjan Shah v. Income Tax Officer, Ward 29(1), Delhi & Ors
- Vmvs Textiles Private Limited v. Income Tax Officer Ward 26(1) & Anr
- Arvinder Kaur v. Assisstant Commissioner of Income Tax Circle 43(1) New Delhi & Ors
- Manju Gupta v. Income Tax Officer, Ward 30-5, Delhi & Anr
- Victoria Foods Private Limited v. Assistant Commissioner of Income Tax Circle 25(1) Delhi
- Tanveen Kaur Juneja v. Assistant Commissioner of Income Tax & Anr
- Hardeep Singh v. Assisstant Commissioner of Income Tax Circle 43(1) New Delhi & Ors
- Bharatiya Pratiraksha Mazdoor Sangh v. Union of India Ministry of Defence Through Its Secretary Department of Defence Production & Anr
- Microsoft Technologyu Licensing, Llc v. The Assistant Controller of Patents and Design
- A.G. Perarivalan v. State, Through Superintendent of Police Cbi/Sit/ Mmda, Chennai, Tamil Nadu and Anr.
- Madras Bar Association v. Union of India and Anr.
- Jose Paulo Coutinho v. Maria Luizavalentina Pereira & Anr.
- Union of India & Anr. v. Balwant Singh & Ors.
- Dharani Sugars and Chemicals Ltd. v. Union of India & Ors.
- Govt. of NCT of Delhi v. Union of India
- A. A. Padmanbhan v. The State of Kerala & Ors.
- Gunwantlal Godawat v. Union of India & Another
- Krishna Kumar Singh & Anr v. State of Bihar & Ors.
- State of U.P. and Ors. v. Z.U. Ansari
- Nabam Rebia, and Bamang Felix v. Deputy Speaker and Others
- Balbhadra Parashar v. State of Madhya Pradesh
- University of Kerala v. Council, Principals, Colleges, Kerala & Others
- Central Bank of India v. State of Kerala and Ors.
- Raja Ram Pal v. The Honble Speaker, Lok Sabha & Ors.
- Dharam Dutt and Ors. v. Union of India and Ors.
- Kaiser-I-Hind Pvt. Ltd. and Anr. v. National Textile Corporation (Maharashtra North) Ltd. and Ors.
- M/S. Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.
- Gurudevdatia Vksss Maryadit and Ors. v. State of Maharashtra and Ors.
- Union of India v. Elplllnstone Spinning and Weaving Co. Ltd. & Ors. Etc.
- Krishna Mohini v. Mohinder Nath Sofat
- Krishna Kumar Singh and Anr. v. State of Bihar
- T.N. Seshan, Chief Election Commissioner of India Etc. v. Union of India and Others
- State of Kerala v. A. Lakshmikutty & Ors.
- T. Venkata Reddy Etc. Etc, v. State of Andhra Pradesh
- Prabodh Verma and Others, Etc. v. State of Uttar Pradesh and Others, Etc.
- A. K. Roy, Etc. v. Union of India and Anr.
- R.K. Garg Etc. Etc. v. Union of India & Ors. Etc.
- Vinodkumar Shantilal Gosalia v. Gangadhar Narsingdas Agarwal & Ors.
- Satpal & Co. Etc v. Lt. Governor of Delhi and Ors
- State of Rajasthan & Ors. Etc. Etc. v. Union of India Etc. Etc.
- Additional District Magistrate, Jabalpur v. S. S. Shukla Etc. Etc.
- Shamsher Singh & Anr v. State of Punjab
- Sardari Lal v. Union of India & Ors
- Rustom Cavasjee Cooper v. Union of India
- I. C. Golak Nath & Ors. v. Sta Te of Punjab & Anrs.
- Jayantilal Amrit Lal Shodhan v. F.N. Rana and Others
- K. M. Nanavati v. The State of Bombay
- Thakur Amar Singhji v. State of Rajasthan