Ordinance promulgated by President under Article 123 of the Constitution of India shall cease to operate after . . . . . . . .
A. 3 months
B. 6 months
C. 6 weeks
D. 15 days
Answer: Option C
Solution (By Examveda Team)
An ordinance is a temporary law that is promulgated by the President of India under Article 123 of the Constitution when the Parliament is not in session. It has the same force and effect as an Act of Parliament but must be approved by the legislature within a specific time frame to remain valid.Explanation:
According to Article 123(2)(a) of the Constitution of India, an ordinance issued by the President must be laid before both Houses of Parliament when they reconvene. The ordinance will cease to operate at the expiration of six weeks from the date of reassembly unless it is approved by Parliament before that period ends.
The six-week period is calculated from the date when both Houses of Parliament reconvene. If one House meets at a different time than the other, the countdown starts from the later date. If Parliament does not approve the ordinance within this period, it automatically lapses.
Why not other options?
Option A: 3 months – Incorrect, as the Constitution specifies 6 weeks, not 3 months.
Option B: 6 months – Incorrect, as an ordinance does not remain valid for 6 months. Instead, it ceases to operate 6 weeks after Parliament reconvenes.
Option D: 15 days – Incorrect, as there is no provision in the Constitution stating that an ordinance will lapse in 15 days.
Thus, the correct answer is Option C: 6 weeks.
Clause 2 of Article 123 of Constitution of India : An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance
(a) shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President Explanation Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause