15-12-2017, 04:32 PM
Ordinance making power of the President (Article 123)
*Ordinance making power is the most important legislative power of the President.
*Article 123 of the Constitution empowers the President to promulgate ordinances when both the Houses , of Parliament are not in session.
*These ordinances must be approved by the Parliament within six weeks of its reassembly.
*The maximum life of an ordinance can be six months and six weeks, in case of non approval by the Parliament (six months being the maximum gap between the two sessions of Parliament).
*President can withdraw an ordinance at any time.
EMERGENCY
*The President of India is empowered to proclaim three types of Emergencies to deal with an extraordinary situation,
(1)National Emergency (Article 352)
(2)State Emergency (Article 356)
(3) Financial Emergency (Article 360)
National Emergency (Article 352)
*President can proclaim National Emergency under Article 352.
*Grounds for proclaiming National Emergency
(1) War
(2)External Aggression
(3)Armed Rebellion
*President can proclaim National Emergency only after receiving a written recommendation from the cabinet.
*Proclamation of National Emergency must be approved by both the Houses of Parliament within one month. If approved by special majority it shall be continued for six months.
*It can be extended to an indefinite period with the approval of the Parliament for every six months.
*During National Emergency Parliament can make laws on any subj ect included in the State List. Such laws are valid up to a maximum period of six months after the expiry of the Emergency.
