Jump to ContentJump to Main Navigation
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
Users without a subscription are not able to see the full content.

A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 21 August 2018

The President and Ordinances 1

The President and Ordinances 1

Chapter:
(p.60) 8 The President and Ordinances1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0018

This chapter discusses the power of the president to promulgate ordinances. Article 123 (1) stipulates two principal conditions. Recess of parliament is one condition. The other is the honest belief on the part of the president, that is, the government of India, that circumstances had arisen after parliament went into recess, 'which render it necessary for him to take immediate action'. No president who is asked to sign an ordinance can ignore this limitation, nor can a court of law. The fact remains that the ordinances were supposed to deal only with extraordinary situations. This power will continue to be abused till there is a judicial pronouncement upon the validity of ordinances.

Keywords:   president, presidential authority, parliamentary democracy, rules of law, ordinance

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .