EXECUTIVE LAWMAKING
Table One: Legislative Powers of Governor-Gen- eral/President of India
Government of India Act 1935
Chapter IV: Legislative Powers of the Governor-General Sections 42 and 43. Power of Governor-General to promul- gate ordinances
43(2) An ordinance promulgated under this section shall con- tinue in operation for such period not exceeding six months as may be specified therein but may by a subsequent ordinance be extended for a further period not exceeding six months. 43(3) An ordinance promulgated under this section shall have the same force and effect as an act of the federal Leg- islature assented to by the Governor-General but every such ordinance – ***
(b) May be withdrawn at any time by the Governor-General; ***
43(4) If and so far as an ordinance under this section makes any provision which the federal Legislature would not under this act be competent to enact, it shall be void. (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.
Constitution of India 1950 Chapter III: Legislative Powers of the President
Article 123. Power of the President to promulgate ordi- nances during a recess of Parliament
(1) If at any time, except when both the 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 circum- stances appear to him to require.
(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 re- assembly 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disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) May be withdrawn at any time by the President.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) 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.
parliamentary standing committee for examination and report, thus resulting in the lapsing of the ordinance.
Parliamentary review
The Rules of Procedure and Conduct of Business in the two Houses of the
Indian Parliament contain identical provisions requiring that whenever a Bill seeking to replace an ordinance
is introduced in a House, a statement explaining the circumstances which had necessitated legislation by
Police on duty during the protests
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