Indian Polity & Constitution22 Concepts & Facts

How an Ordinance Becomes a Law in India: Article 123, Approval & Process Facts

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The mechanism through which an executive Ordinance transitions into a permanent Act of Parliament embodies the constitutional principle of legislative supremacy in India's parliamentary democracy. Promulgated by the President of India under Article 123 of the Constitution during parliamentary recess, an Ordinance possesses the identical legal authority and binding power of an Act. However, because an Ordinance originates as an executive decree bypassing parliamentary debate, the Constitution deliberately structures a rigorous, time-bound legislative gateway that every Ordinance must traverse upon the reassembly of Parliament to achieve permanent status on the statute book.

The legislative journey commences immediately when Parliament reconvenes. Under Article 123(2)(a), the text of the Ordinance must be formally laid on the table of both the Lok Sabha and the Rajya Sabha. In accordance with Rule 71 of the Rules of Procedure and Conduct of Business in Lok Sabha, the Government must also lay an explanatory Statement outlining the specific urgent circumstances that justified promulgating an Ordinance rather than awaiting a normal legislative session. To convert the Ordinance into a permanent statute, a Minister introduces a regular legislative Bill containing identical or amended provisions. This replacement Bill must then undergo the complete, standard three-reading legislative process in both Houses, encompassing introduction, committee scrutiny, clause-by-clause consideration, debates, and voting.

Constitutional law imposes a strict deadline: the replacement Bill must be passed by both Houses and receive Presidential assent within six weeks from the date Parliament reassembled. If the two Houses reassemble on different dates, the six-week period is calculated from the later date. If passed by a simple majority in both Houses, the Bill is presented to the President for assent under Article 111, upon which it becomes a permanent Act of Parliament and the temporary Ordinance is formally superseded. Conversely, if Parliament passes resolutions disapproving the Ordinance, or if the six-week window elapses without legislative approval, the Ordinance automatically lapses and becomes void. This constitutional checkpoint guarantees that extraordinary executive lawmaking remains democratically accountable to the elected representatives of the people.

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For an Ordinance to become a permanent Act of Parliament, it must be approved by both Houses of Parliament under Article 123 of the Constitution.

The process begins when the Union Cabinet recommends an Ordinance to the President of India when Parliament is not in session.

Upon the President's signature and official Gazette notification, the Ordinance takes immediate legal effect with the status of an Act.

Under Article 123(2)(a), the Ordinance must be laid before both Houses (Lok Sabha and Rajya Sabha) immediately upon Parliament's reassembly.

Under Rule 71(1) of the Lok Sabha Rules of Procedure, the Government must lay a Statement explaining the urgent necessity of the Ordinance.

To replace the Ordinance, the Government must introduce a regular legislative Bill containing identical or modified provisions in Parliament.

The replacement Bill must pass through the standard three-reading legislative procedure in both the Lok Sabha and the Rajya Sabha.

During the First Reading, the Minister moves for leave to introduce the Bill and presents the Statement of Objects and Reasons.

During the Second Reading, the Bill undergoes clause-by-clause scrutiny, debates, and proposed amendments (or referral to a Standing Committee).

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During the Third Reading, the House votes on the final adoption of the Bill by a simple majority of members present and voting.

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Once passed by the first House, the Bill is transmitted to the second House, where it undergoes the same three readings and voting.

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If both Houses pass the replacement Bill within the six-week statutory window, it is presented to the President of India for assent.

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Under Article 111, when the President grants assent to the Bill, the Ordinance is superseded and becomes a permanent Act of Parliament.

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If Parliament takes no legislative action, the Ordinance automatically lapses and ceases to operate six weeks after Parliament reassembles.

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If both Houses pass a resolution disapproving the Ordinance prior to the six-week deadline, the Ordinance immediately becomes void.

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If Lok Sabha is dissolved during the six-week period without acting on the Ordinance, the newly constituted Lok Sabha must address it upon convening.

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At the state level, an identical procedure applies under Article 213, requiring approval by the State Legislature within six weeks of reassembly.

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Under Article 213, the Governor cannot promulgate certain ordinances without prior Presidential instructions if the Bill required prior sanction.

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The executive cannot circumvent disapproval by re-promulgating an identical ordinance, as ruled in Krishna Kumar Singh v. State of Bihar (2017).

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The replacement Bill passed by Parliament can amend or delete sections of the original Ordinance before enacting the permanent Act.

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While an Ordinance is operational, citizens can challenge its constitutional validity before High Courts (Art 226) or the Supreme Court (Art 32).

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The replacement process upholds parliamentary supremacy by ensuring executive lawmaking is subject to full legislative review.

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Educator's Insight

When an emergency arises while Parliament is in recess, the President can issue an Ordinance under Article 123 on the Cabinet's advice. However, this executive decree is strictly temporary. To convert an Ordinance into a permanent Act, the government must introduce a regular legislative bill once Parliament reconvenes. The bill must undergo standard parliamentary readings and committee debates before receiving presidential assent to achieve permanent legal status.

For UPSC Prelims and SSC exams, understand the strict timeline governing this conversion. The government has exactly six weeks from Parliament's reassembly date to pass the replacement bill through both the Lok Sabha and Rajya Sabha. Watch out for a common question trap: if the two Houses reconvene on different dates, the six-week clock starts from the later date. If either House passes a disapproving resolution earlier, the ordinance dies immediately.

How an Ordinance Becomes a Law in India: Article 123, Approval & Process Facts

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