Article 123: A Constitutional Quandary or a Detrimental Dilemma?

  • Aastha Sachdeva and Akankshu Sodhi
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  • Aastha Sachdeva

    Student at Symbiosis Law School, Pune, India

  • Akankshu Sodhi

    Student at Symbiosis Law School, Pune, India

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India has a parliamentary system. In the Indian Constitution, however, there is a clause that allows the President to periodically make laws without engaging the Parliament. Such presidential legislation are called ordinances, not Acts; the President promulgates them. And once a certain period of time has passed without such formal legislative permission, they cease to exist. However, aggressive political behaviour and generous court interpretations have rendered these restraints obsolete after several years of constitutional practise. What was exceptional and temporary is now ‘normal’ and ‘permanent’. The aim of this research paper is to delve into origin, relevance and validity of Article 123 of the Indian Constitution, as well as “Article 213 of the Indian Constitution”. In addition, abuse of provision over the years, from the first government under Jawaharlal Nehru in 1952 to the present NDA government under Narendra Modi, is examined in greater detail. The rising abuse of the provision during the Covid era is also examined, as is what Apex Court had to say regarding re-promulgation of orders in the landmark D.C. Wadhwa Case. Finally, once the undemocratic nature of ordinances has been demonstrated, a number of alternatives to the ideal situation in which ordinances are fully removed from the constitution are presented.




International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1301 - 1309


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