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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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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

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The President and Ordinances 1

The President and Ordinances 1

(p.60) 8 The President and Ordinances1

A.G. Noorani

Oxford University Press

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

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