Ordinance

Article 123 of Indian Constitution gives the President “Ordinance making power” whereas
Article 213 of Indian Constitution gives the Governor “Ordinance making power”. These are
valid for a period of six months.

 Ordinance is a temporary law that is circulated by the President on the

recommendation of the Union Cabinet.

 They can only be delivered when the Parliament is not in session. They authorize
the government to take immediate legislative action. 

 These are generally passed when the Central Legislature is not in session and there
is a need to make an act in emergency. In these cases, the government refers a
proposal to the President or Governor of a State, and if they approve of them, it
becomes an Ordinance. The legality of an ordinance is that it is equal to the Act. 

The following conditions have to be followed as laid down in Section 123:

1. it has to be laid down before both House of Parliament when they are in session
and it will cease if not approved by both the houses within 6 weeks since the time
of there t, or, if before the lapse of that period resolutions disapproving it are
passed by the two Houses, upon the passing of the second of those resolutions.

2. it can be withdrawn at any given point of time by the President where the Houses
of Parliament are brought to reassemble on different dates, this time period of 6
weeks begin only from the later of those dates for the purposes of this clause.

The conditions to be followed as laid down in Section 213 for state ordinance, the Governor
shall not, without instructions from the President, promulgate any such Ordinance if:

1. A Bill containing similar provisions under this Constitution has required the
previous assent of the President for the presentation thereof into the Legislature.

2. He would have deemed it necessary to reserve a Bill containing the same

provisions for the consideration of the President.
3. An Act of the Legislature of the State containing similar provisions would under
this Constitution have been invalid except if having been reserved for the
consideration of the President; it had received the consent of the President.