The ordinance-making power enables the President to enact temporary laws during Parliament’s absence, ensuring governance continuity while remaining subject to parliamentary approval and constitutional safeguards.

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• Article 123 of the Indian Constitution empowers the President of India to promulgate ordinances when Parliament is not in session
• Ordinances have the same force and effect as laws passed by Parliament
• They are temporary and must be approved once Parliament reconvenes
• The President exercises this power on the advice of the Council of Ministers (not discretionary)
• Ordinances must be laid before both Houses of Parliament of India
• They cease to operate if not approved within six weeks of reassembly
• The scope of ordinance-making is co-extensive with Parliament’s legislative powers
• Ordinances cannot amend the Constitution or violate Fundamental Rights
• They can be retrospective and may amend or repeal existing laws, including tax laws
• The President’s satisfaction is subject to judicial review
• Prevents misuse and ensures constitutional compliance
• D.C. Wadhwa case restricted repeated re-promulgation of ordinances
• Reinforces parliamentary supremacy and democratic accountability