What are the essential conditions for the exercise of the legislative powers by the President? Also discuss the legality of re-promulgation of ordinances without legislative scrutiny.

Article 52 states that there shall be an executive the President who shall be the head of the Union and Article 123 provides with the President with the legislative power to make any ordinance in an unforeseen situation. Essential conditions for the exercise of the legislative powers by the President: (1) The President must be satisfied that there lies an immediate situation which requires the issuing of ordinance. (2) The satisfaction of the President is subject to judicial review if a there is any mala fide intention. (3) The ordinance can be issued only when either one have or both the houses are not in situation. (4) The ordinance issued or the legislative power exercised must not contravene with any of the provisions of the Constitution. (5) Also, the legislative power must not violate any of the fundamental rights of the citizen. (6) Also, article 111 provides power to the President to give assent bill withheld to send the bill to the House for consideration (3) The ordinance must be tabled upon both the Houses when in state session and it shall expire within 6 week if not approved by both the houses.

Legality of re-promulgation of ordinances: (1) D.C. Wadhwa vs. State of Bihar (1987) case: The court ruled that continuous re-promulgation of ordinance without legislative scrutiny is a constitutional fraud and violates the separation of power. (2) Also, court stated mentioned that the legislative power is a temporary power and not parallel power of legislation. (3) Krishna Kumar vs. State of Bihar (2004): Continuous re-promulgation violates the Constitution and subserves the democratic process. (4) Is legislative power of President is conditional that aims to fill legislative vacuum in extraordinary situation.