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

Ordinance-making power of the President under Article 123 can be exercised only when:

The President may promulgate an Ordinance only when Parliament is not in session and he is satisfied that circumstances require immediate action. It has the force of an Act but must be laid before Parliament and lapses six weeks after reassembly unless approved or disapproved earlier.

  1. AParliament is in session and a Bill is pending
  2. BBoth Houses of Parliament are not in session and immediate action is necessaryCorrect
  3. CThe Council of Ministers has resigned
  4. DOnly the Lok Sabha is dissolved

Explanation

Article 123 empowers the President to promulgate an Ordinance when either House is not in session (in the exam-standard formulation, Parliament is not in session) and circumstances require immediate action. It must be laid before Parliament and ceases to operate six weeks after Parliament reassembles unless disapproved earlier. Option A is wrong since the power is not available during session.

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