Ordinance making powers of the President

Article 123 of the Constitution empowers the President to promulgate Ordinances when either of the two Houses of Parliament is not in session.

An Ordinance can be issued only on those subjects on which Parliament can make laws. The following limitations exist with regard to the Ordinance making power of the executive:

i. Legislature is not in session: The President can only promulgate an Ordinance when either of the two Houses of Parliament is not in session.

ii. Immediate action is required: The President cannot promulgate an Ordinance unless he is satisfied that there are circumstances that require taking immediate action.

iii. Parliamentary approval during session: Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate.