What is the legal character of the President’s power to promulgate ordinances under Article 123 of the…
Article 123 gives an ordinance the same force and effect as an Act of Parliament while it operates. The President exercises a legislative power even though the power is…
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What is the legal character of the President’s power to promulgate ordinances under Article 123 of the Constitution of India?
Answer and explanation
Correct answer B
Article 123 gives an ordinance the same force and effect as an Act of Parliament while it operates. The President exercises a legislative power even though the power is vested in the head of the Union executive.
Option feedback
Option A
The office is in the Union executive. Promulgating an ordinance creates a temporary law.
Option B
Article 123 gives the ordinance the force and effect of parliamentary legislation.
Option C
Constituent power concerns amendment of the Constitution, addressed in Article 368.
Option D
Promulgation creates a rule of law and does not adjudicate a dispute.
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