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    Question

    Which Article of the Constitution provides for the

    President to promulgate ordinances when Parliament is not in session and how do these ordinances interact with Ninth Schedule protection?
    A Article 123; ordinances can be placed in Ninth Schedule by subsequent Act, but they are temporary till Parliament enacts them; placement in Ninth Schedule would be by Act, not ordinance per se. Correct Answer Incorrect Answer
    B Article 356; ordinances are automatically protected by Ninth Schedule. Correct Answer Incorrect Answer
    C Article 249; ordinances cannot be made. Correct Answer Incorrect Answer
    D Article 368; ordinances amend the Constitution. Correct Answer Incorrect Answer
    E Article 300; ordinances govern property. Correct Answer Incorrect Answer

    Solution

    Article 123 empowers the President to promulgate ordinances when Parliament is not in session and immediate legislative action is required. Ordinances have the same force as an Act of Parliament but are temporary, ceasing to operate six weeks after Parliament reconvenes unless approved. Crucially, an ordinance cannot amend the Constitution or place a law in the Ninth Schedule, as such actions require compliance with Article 368. In D.C. Wadhwa v. State of Bihar (1987), the Supreme Court condemned the repeated repromulgation of ordinances as a fraud on the Constitution, emphasizing that ordinancemaking is an emergency power, not a substitute for legislation.

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