The most important power of the president is perhaps to promulgate ordinances under Art 123. The promulgation of an ordinance is not necessarily connected with an ’emergency’ but issued by the president in case he is convinced that it is not possible to have the parliament enact on same subject immediately and the circumstance render it necessary for him to take “immediate action” [Art 123(1)].
However such an ordinance must receive parliamentary approval within six weeks of the next session of the parliament, otherwise it shall become invalid. Since the ordinance-making power is to be exercised by the president on the ‘aid and advise’ of the council of ministers [Art 74], the power is often misused.
The constitution provides two parliamentary checks vis-a-vis the promulgation of ordinance [Art 123(2)(a)]:
(i) the power of parliament to pass resolutions disapproving the provisions of the ordinance; and
ADVERTISEMENTS:
(ii) the automatic expiry of the ordinance within six weeks of the reassembly of the houses of the parliament unless passed by the parliament; this gives a chance for the parliament to debate on the ordinance and review it accordingly.