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CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India

An Ordinance is promulgated by the President while Parliament is not in session. Parliament reassembles on 1 July. Neither House passes a resolution disapproving the Ordinance, and no Act replaces it. Assuming Parliament's reassembly date is the only relevant date, when does the Ordinance cease to operate?

The Ordinance ceases to operate six weeks after Parliament reassembles on 1 July, since no disapproval resolution was passed. Article 123 gives an Ordinance life until that expiry unless both Houses disapprove earlier or the President withdraws it before then.

  1. AOn 1 July, immediately on reassembly
  2. BSix weeks after 1 July, i.e. on expiry of that periodCorrect
  3. CSix months after promulgation
  4. DOn 1 July only if the President withdraws it

Explanation

Under Article 123, an Ordinance ceases to operate at the expiry of six weeks from the reassembly of Parliament, or earlier if both Houses pass resolutions disapproving it. Here no disapproval occurred, so it runs for six weeks from 1 July. Option A confuses reassembly with lapse. Option C applies to Proclamation-type timings, not Ordinances.

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