The term "ordinance" is defined by the Oxford dictionary as an authoritative order.

Ordinance is a decree or law promulgated by a state or national government without the

consent of the legislature. It includes examples such as collecting revenue through new taxes
or harnessing resources during an emergency or threat. For an ordinance to be enforced
effectively, it must not be in conflict with any higher law such as state or national law or
constitutional provisions.
In India, the central and state legislatures are responsible for law making, the central and state
governments are responsible for the implementation of laws and the judiciary interprets these
laws. However, there are several overlaps in the functions and powers of the three
institutions. For example, the President has certain legislative and judicial functions and the
legislature can delegate some of its functions to the executive in the form of subordinate
legislation.

ORDINANCE MAKING POWER OF PRESIDENT

Article 123 of the Constitution grants the President certain law making powers to promulgate
Ordinances when either of the two Houses of Parliament is not in session and hence it is not
possible to enact laws in the Parliament. An Ordinance may relate to any subject that the
Parliament has the power to legislate on. Conversely, it has the same limitations as the
Parliament to legislate, given the distribution of powers between the Union, State and
Concurrent Lists. Thus, 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’[ii].
iii. Parliamentary approval during session: Ordinances must be approved by
Parliament within six weeks of reassembling or they shall cease to operate. They will
also cease to operate in case resolutions disapproving the Ordinance are passed by
both the Houses.

An ordinance is described as a legislative power of the President it is issued on the advice of

the council of ministers and is hence considered to be a law made by the executive. The
government resorted to the ordinance path to facilitate good governance. The ordinances have
helped to pass laws that could not be passed by the Parliament. The opposition which has
disrupted the parliamentary sessions and blocked the passage of bills cannot complain that
issuing ordinances is undemocratic.