Legal Question in Constitutional Law in India
What happens if an Ordinance is disapproved by parliament and the validity of acts done when the Ordinance is in place?
1 Answer from Attorneys
Ordinance is passed by President of India under Article 123 of the Constitution of India. The Ordinance is passed by President in a situation when both houses of Parliament are not in session but there is a urgent need to make some law. As per Article 123(2), the Ordinance has "the same force and effect as an Act of Parliament". Also, as per article 13(3)(a), the law includes any "Ordinance". Thus, the Ordinance passed by the President is the 'law' and any act done thereunder is valid.
After the Ordinance is passed, the same is required to be laid before both houses of parliament and needs to be approved within 6 weeks. If the Ordinance is not approved by Parliament witrhin that period or is disapproved, the Ordinance cease to operate thereafter. But any act done while the Ordinance was in force continues to be valid.
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