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Discussion on Validity of Companies (Amendment) Ordinance, 2018 and re-promulgated in 2019 as Companies (Amendment) Ordinance, 2019

Article 123 of the constitution gives the Power to the president of India to promulgate an ordinance if both of the parliamentary house not in session.

Ordinance promulgated shall have the same effect as the Act of Parliament

Ordinance promulgated must be presented before the both of the house within 6 weeks from reassembly of parliament.

Technically it shall be valid till disapproval of the house or 6 weeks from the reassembly of parliament.

Therefore An ordinance re-promulgated in 2019 as Companies (Amendment) Ordinance 2019 must be presented and approved before and by both of the house within 6 weeks from the reassembly of parliament to continue its effect.

Accordingly the said ordinance may be presented in coming budget session for its further applicability after 6 Weeks.

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