Why this matters now
The ordinance power (Art 123/213), its limits and the misuse/re-promulgation debate are tested in GS-2 — central to separation of powers and executive accountability.
The power
Under Article 123, the President can promulgate an ordinance when either House of Parliament is not in session, if immediate action is needed. (The Governor has a similar power under Article 213 at the state level.) An ordinance has the same force as a law, but is a temporary measure.
Limitations
Limits: an ordinance must be laid before Parliament when it reconvenes and ceases to operate six weeks after Parliament reassembles (unless approved earlier); it can be withdrawn anytime by the President; it can only cover matters Parliament can legislate on; and it is subject to the same constitutional limits and judicial review as a law.
Re-promulgation and judicial checks
The re-promulgation of ordinances (re-issuing them to bypass the legislature) has been criticised as a “fraud on the Constitution”. In D.C. Wadhwa (1987) and Krishna Kumar Singh (2017), the Supreme Court held that repeated re-promulgation is unconstitutional and ordinances are subject to judicial review — checking executive overreach.
UPSC angle
Know the ordinance power (Art 123 President / Art 213 Governor, when House not in session), limits (laid before Parliament, lapses 6 weeks after reassembly), and the re-promulgation bar (Wadhwa, Krishna Kumar Singh).
Frequently asked questions
Under which article can the President promulgate an ordinance?
Article 123, when either House of Parliament is not in session.
How long does an ordinance last?
It ceases to operate six weeks after Parliament reassembles, unless approved or withdrawn earlier.
Who has the ordinance power at the state level?
The Governor, under Article 213.
Is repeated re-promulgation of ordinances allowed?
No — the Supreme Court has held it unconstitutional (a "fraud on the Constitution").