The Parliament is not in session. Both the houses have been prorogued. Therefore, due to urgency, the President promulgates an ordinance on a subject of national importance. Discuss in detail referring to the ordinance-m

The most important legislative power conferred on the President is to promulgate Ordinances. Article 123 of the Constitution of India provides that the President shall have the power to legislate by Ordinances at any time when it is not possible to have a parliamentary enactment on the subject, immediately. This is a special feature of the Constitution of India. The ambit of this ordinance-making power of the President is co-extensive with the legislative powers of Parliament, that is to say it may relate to any subject in respect of which Parliament has the right to legislate and is subject to the same constitutional limitations as legislation by Parliament. According to Article 13(3) (a) "Law" includes an "ordinance". But an ordinance shall be of temporary duration. It may be of any nature, i.e., it may be retrospective or may amend or repeal any law or Act of Parliament itself. This independent power of the executive to legislate by ordinance has the following peculiarities: The ordinance-making power will be available to the President only when both the Houses of Parliament have been prorogued or is otherwise not in session, so that it is not possible to have a law enacted by Parliament. However, ordinance can be made even if only one House is in Session because law cannot be made by that House in session alone. Both the Houses must be in session when Parliament makes the law. The President's ordinance making power under the Constitution is not a co-ordinate or parallel power of legislation along with Legislature. This power is to be exercised by the President on the advice of his Council of Ministers. The President must be satisfied about the need for the ordinance and he cannot be compelled. The ordinance must be laid before Parliament when it re-assembles, and shall automatically cease to have effect at the expiration of 6 weeks from the date of re-assembly or before resolutions have been passed disapproving the ordinance. The period of six weeks will be counted from the latter date if the Houses re-assemble on different dates.