Which Article of the Constitution grants the President certain law making powers to promulgate ordinances during the recess of Parliament?

Question

Accepted Answer

The correct option is 1:

Article 123 of the Indian Constitution grants the President of India the power to promulgate ordinances. This is a crucial executive power enabling the President to enact laws immediately when both Houses of Parliament (Lok Sabha and Rajya Sabha) or either of them are not in session, and circumstances exist which necessitate immediate action. The President exercises this power on the advice of the Council of Ministers headed by the Prime Minister. An ordinance has the same force and effect as an Act of Parliament, but it is temporary. It must be laid before both Houses of Parliament when they reassemble and must be approved within six weeks from the reassembly date, or else it ceases to operate. This power is a critical mechanism for the Executive to handle unforeseen or urgent matters when the Legislative branch is temporarily unable to function.

The incorrect option is 2:
Article 213 deals with the power of the Governor of a State, not the President, to promulgate ordinances. Just as Article 123 grants ordinance-making power to the President at the Union level during the recess of Parliament, Article 213 grants the same corresponding power to the Governor at the State level during the recess of the State Legislature. This article is therefore relevant to the state executive, not the Union executive.

The incorrect option is 3:
Article 329 deals with the bar to interference by courts in electoral matters. Specifically, it states that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court. Furthermore, it mandates that no election to either House of Parliament or to the Legislature of a State shall be called into question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. It is completely unrelated to the President’s law-making powers or the promulgation of ordinances.

The incorrect option is 4:
Article 124 of the Constitution establishes the Supreme Court of India. This article deals with the composition, appointment of judges, tenure, and salaries of the judges of the Supreme Court. It lays down the fundamental structure of the apex judicial body of the country. While it is a significant article concerning the functioning of the Union Judiciary, it has no connection with the legislative powers of the President, such as the power to issue ordinances.