Ordinance vs Act
Article 123 (and 213) temporary law-making versus full legislative Acts — six-week limit, re-promulgation, and judicial limits.
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An ordinance is a temporary law promulgated by the President or Governor when the legislature is not in session; an Act is permanent law passed through the full legislative process in Parliament or a state legislature. Article 123 empowers the President (on Union Cabinet advice) to promulgate ordinances with the same force as an Act — but only temporarily.
UPSC focuses on the six-week window after Parliament reassembles, the need for prior satisfaction that circumstances require immediate action, and the D.C. Wadhwa ruling that re-promulgation to bypass legislature is unconstitutional abuse. State ordinances mirror Article 213 with the Governor.
Side-by-side comparison
| Feature | Ordinance | Act |
|---|---|---|
| Force of law | Same as Act while valid | Act of Parliament / legislature |
| Re-promulgation | Invalid if used to avoid legislative vote (Wadhwa) | Not applicable |
| Retroactive effect | Possible if text allows | Possible if text allows |
| Judicial review | Yes — satisfaction + mala fide challengeable | Yes — constitutionality reviewable |
| Lapse | Automatic if not approved within 6 weeks of sitting | Continues unless repealed |
| Subordinate legislation | Ordinance is primary law while valid — not delegated rules | Act may authorize rules/regulations under delegated legislation |
At a glance
Legal basis
Art. 123 (Union) / Art. 213 (State)
Articles 107–111 legislative process
Duration
6 weeks from reassembly unless approved
Until repealed or struck down
Who promulgates
President / Governor on Cabinet advice
Parliament / State legislature after passage + assent
Debate
No prior debate (post-facto approval needed)
Full debate in houses
Monsoon session delayed, land acquisition urgent
Imagine Parliament adjourned in May and a cyclone in June requires quick compensation rules. Cabinet advises the President to issue an ordinance. When MPs return in July, they have six weeks to approve it — otherwise it lapses. If the government keeps re-issuing the same ordinance every time sessions end without vote (Bihar land reform pattern), courts call it subversion of democracy — that is Wadhwa’s lesson.
What this means for the exam
Ordinance = emergency bridge, not substitute legislature. Act = permanent law through full process.
Understand the difference
Six-week rule explained
An ordinance ceases to operate six weeks from the date Parliament reassembles — not six weeks from promulgation. If both houses pass resolutions disapproving earlier, it can end sooner. If approved like a bill, it becomes an Act. The clock forces the executive to face the legislature.
D.C. Wadhwa vs State of Bihar (1987)
The Supreme Court held that repeated re-promulgation of ordinances without placing them before the legislature amounts to constitutional fraud. Ordinance power is an emergency device, not a parallel law-making track for avoiding accountability.
Prelims statement check
“An ordinance automatically becomes permanent law if Parliament does not reject it within six weeks.”
Incorrect — Lapse trap
It lapses unless approved. Silence does not make it permanent — it expires after six weeks from reassembly unless passed.
“Re-promulgation of ordinances without legislative approval has been held unconstitutional in certain cases.”
Correct — Wadhwa precedent
D.C. Wadhwa struck down serial re-promulgation as abuse of Art. 213/123.
Key Takeaway
Ordinance = temporary (Art. 123), 6 weeks after reassembly | Act = full legislative process | No re-promulgation raj