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• Article 123 grants the President the authority to promulgate ordinances when Parliament is not in session or when either House of Parliament is not meeting.
• The ordinance-making authority is part of the legislative powers of the President, allowing temporary laws to be issued in urgent situations requiring immediate action.
• This power is not discretionary because the President acts only on the advice of the Council of Ministers headed by the Prime Minister.
• Ordinances have the same force and effect as laws passed by Parliament, but they remain temporary unless approved by both Houses of Parliament.
• An ordinance must be presented before both Houses of Parliament once it reconvenes and must be approved within six weeks to remain in force.
• If Parliament does not approve the ordinance within the specified period, it automatically ceases to operate, though actions already taken under it remain valid.
• The ordinance-making power is co-extensive with Parliament's legislative authority but cannot be used to amend the Constitution or violate fundamental rights.
• The Supreme Court has ruled that the President's satisfaction in issuing ordinances can be reviewed by courts, as established in the Cooper Case and the D.C. Wadhwa Case.