The power to issue an ordinance when Parliament is NOT in session is given to the President under which Article?

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RRB JE CE 22 Apr 2025 Shift 1 CBT 2 Official Paper
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  1. Article 72
  2. Article 110
  3. Article 123
  4. Article 356

Answer (Detailed Solution Below)

Option 3 : Article 123
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The correct answer is Article 123.

Key Points

  • Article 123 of the Indian Constitution grants the President the power to promulgate ordinances.
  • These ordinances can be issued when Parliament is not in session and immediate action is required.
  • The ordinance has the same force and effect as a law passed by Parliament, but it must be approved by both houses of Parliament within six weeks of reassembling.
  • This power is intended to address situations that require urgent legislative action that cannot wait until the next session of Parliament.
  • If the ordinance is not approved by Parliament within the specified time, it ceases to operate.

 Additional Information

  • Article 72
    • Article 72 of the Indian Constitution deals with the powers of the President to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense.
  • Article 110
    • Article 110 of the Indian Constitution defines a money bill and specifies the conditions under which a bill can be considered a money bill.
    • It is an important provision for the financial legislation in India.
  • Article 356
    • Article 356 of the Indian Constitution allows the President to impose President's Rule in a state if the government of the state cannot be carried on in accordance with the provisions of the Constitution.
    • This is often referred to as the emergency provision related to the failure of constitutional machinery in a state.
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