Part V · CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT

Article 123 Power of President to promulgate Ordinances during recess of Parliament.

This article lets the President make law when Parliament is not in session. If circumstances call for immediate action, the President may promulgate an Ordinance. It has the same force as an Act of Parliament. It must be laid before both Houses. It ceases to operate six weeks after Parliament reassembles. Any provision Parliament could not enact is void.

1. (1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
2. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance— (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President.
3. Explanation.Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
4. (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void. 1(4)* * * * *

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