Under Article 123 of the Constitution of India, what is the legal effect of an ordinance issued by the President when Parliament is not in session?

Introduction / Context:
The Constitution of India allows the President to issue ordinances when Parliament is not in session and immediate action is necessary. This power is contained in Article 123 and is often described as a form of law making by the executive in special circumstances. However, many learners get confused about the exact legal status of such ordinances. This question tests whether you know how strong an ordinance is and how it compares to an ordinary Act of Parliament.

Given Data / Assumptions:

• The question concerns ordinances issued by the President of India.
• It specifically asks about their legal force and effect.
• The options compare ordinances with Acts of Parliament and link them to different types of emergencies.
• We assume normal constitutional operation and the standard interpretation of Article 123.

Concept / Approach:
Article 123 states that when both Houses of Parliament are not in session and the President is satisfied that immediate action is required, the President may promulgate an ordinance. The key part is that an ordinance shall have the same force and effect as an Act of Parliament. However, this power is temporary and conditional. The ordinance must be laid before both Houses of Parliament when they reassemble and will cease to operate at the expiration of six weeks from the reassembly unless it is approved and converted into an Act or is earlier disapproved. Thus, ordinances are powerful tools that function like Acts for a limited time but are subject to parliamentary control.

Step-by-Step Solution:
Step 1: Recall the wording of Article 123, which explicitly says that an ordinance has the same force and effect as an Act of Parliament.Step 2: Note that this equality in force does not mean that ordinances are permanent or free from control by Parliament.Step 3: Understand that ordinances are temporary measures that must be laid before Parliament and will lapse if not approved within a specified time frame.Step 4: Compare the options to find the one that recognises both the equal legal force and the temporary, conditional nature of ordinances.Step 5: Select the option that states that an ordinance has the same force and effect as an Act of Parliament but is temporary and must be approved by Parliament.

Verification / Alternative check:
Standard polity textbooks and bare constitutional text both confirm that ordinances are treated as having the same force and effect as Acts. Court decisions have also emphasised that this does not make the President a parallel legislature, because ordinances are subject to strict time limits and to judicial review. Whenever Parliament meets, it can approve, modify, or reject the ordinance. If Parliament takes no action, the ordinance still automatically lapses after the six week period from reassembly. This consistent interpretation confirms that the correct answer describes both the equality of legal force and the temporary character.

Why Other Options Are Wrong:

• It has lower legal status than an Act of Parliament: This is incorrect because the Constitution explicitly states that the legal force is the same as that of an Act.
• It is valid only during a National Emergency: Ordinances can be issued whenever Parliament is not in session and urgent action is needed, not only in emergencies.
• It applies only during a Financial Emergency: Financial Emergency is a distinct constitutional provision and does not limit the general ordinance making power of the President.

Common Pitfalls:
Many learners either overestimate or underestimate the power of ordinances. Some think ordinances are weaker than Acts and do not carry full legal force, while others assume that once an ordinance is issued it cannot be easily removed. The correct understanding is in between: ordinances are as strong as Acts while they operate, but they are temporary, subject to parliamentary approval, and open to judicial review. Remember the two key ideas together, equal force and temporary nature, to answer questions on this topic accurately.

Final Answer:
An ordinance issued by the President of India under Article 123 has the same force and effect as an Act of Parliament, but is temporary and must be laid before Parliament for approval.