Question

Power of President or Governor to promulgate an Ordinance under Articles 123 or 213 is a ________ power conferred by the Constitution.

• A. constitutional
• B. supreme
• C. executive
• D. legislative

Answer 1

The Correct Option is D

The power of the President or Governor to promulgate an Ordinance under Articles 123 or 213 is a legislative power conferred by the Constitution. This function allows the President or Governor to enact laws during times when the respective legislative bodies, i.e., Parliament or the State Legislature, are not in session. It essentially enables the executive branch to exercise legislative authority temporarily. The process involves the following key aspects:

1. Constitutional Provision: Article 123 of the Indian Constitution gives the President the power to promulgate Ordinances. Similarly, Article 213 confers the same power on the Governor of a state.
2. Necessity of Action: This power is employed when there is an immediate need for a law and the legislature is not in session to pass it.
3. Temporary Nature: Ordinances are temporary laws. They must be presented before the Parliament or State Legislature when it reassembles, and they cease to operate if not approved within six weeks of reassembly.
4. Legislative Scope: The Ordinances carry the same force and effect as an Act of Parliament or State Legislature, showcasing their legislative character.

Hence, the correct choice is legislative.