CA Foundation · Business Laws · Indian Regulatory Framework
Parliament is not in session, and a sudden situation requires immediate legislation on a subject on which Parliament can make laws. The President promulgates an ordinance. Which statement about it is correct?
An ordinance issued by the President when Parliament is not in session has the force of an Act but is temporary. It must be laid before Parliament and ceases to operate six weeks after Parliament reassembles, unless approved by an Act or withdrawn earlier.
- AIt has the force of an Act of Parliament but must be laid before Parliament and ceases to operate six weeks after Parliament reassembles unless approved earlierCorrect
- BIt is permanent law and needs no approval from Parliament
- CIt lapses automatically after six months from promulgation whether or not Parliament meets
- DIt can be promulgated even while either House of Parliament is in session
Explanation
The President may promulgate an ordinance under Article 123 only when Parliament is not in session. It has the same force as an Act, but must be laid before Parliament and expires six weeks after reassembly unless disapproved or replaced earlier by an Act. The option on a fixed six-month lapse ignores this rule.
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