Question

Read the following headline that appeared in The Economic Times, April 23, 2020 and answer the question that follow:

“COVID-19: Prez Ram Nath Kovind gives nod for promulgating ordinance to punish those attacking healthcare workers.”

Under which conditions can the President promulgate an Ordinance?

Answer 1

The President of India can promulgate an ordinance under the following conditions:

1. Parliament Not in Session: This emergency power can only be used when one or both Houses are on recess, making the standard legislative lawmaking process impossible.
2. Immediate Action Needed: The situation must demand swift, critical legislative intervention that cannot be delayed until the next parliamentary session.
3. Advice of the Council of Ministers: The President does not act independently, but executes this power based on the direct recommendations of the Prime Minister and the Cabinet.

In this specific context, the ordinance was enacted to provide swift, critical safety measures for medical personnel facing increased physical threats during the COVID-19 pandemic.