With reference to the Indian polity, consider the following statements:An Ordinance can amend any Ce

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Question

With reference to the Indian polity, consider the following statements:An Ordinance can amend any Central Act.An Ordinance can abridge a Fundamental Right.An Ordinance can come into effect from a back date.Which of the statements given above are correct?

Accepted Answer

Correct Answer: C — I and III onlyStep-by-step Solution:Article 123 of the Constitution empowers the President to promulgate Ordinances when Parliament is not in session. These ordinances have the same force and effect as an Act of Parliament.Statement I — An Ordinance can amend any Central Act: This is correct. An ordinance promulgated under Article 123 has the same legislative effect as a law passed by Parliament. It can amend, modify, or repeal any existing Central Act, subject to the same constitutional limitations that apply to Parliament's legislative powers. For example, ordinances have been used to amend financial sector laws, election laws, and criminal procedure. ✓Statement II — An Ordinance can abridge a Fundamental Right: This is incorrect. An Ordinance has the same force as a Parliamentary law, and just as Parliament cannot take away Fundamental Rights through ordinary legislation (under Part III, Articles 12–35), an Ordinance also CANNOT abridge or take away Fundamental Rights guaranteed under Part III of the Constitution. Article 13 applies to all laws, including ordinances — any law (including an ordinance) inconsistent with Fundamental Rights is void to the extent of the inconsistency. Only a Constitutional Amendment under Article 368 (subject to Kesavananda Bharati constraints) can modify Fundamental Rights. ✗Statement III — An Ordinance can come into effect from a back date (retrospectively): This is correct. An ordinance can be given retrospective effect (come into operation from a date prior to its promulgation). This is consistent with Parliament's power to legislate retrospectively — ordinances, having the same force as Parliamentary legislation, can be given retrospective operation, provided they do not violate constitutional provisions (particularly regarding criminal retroactivity under Article 20). ✓Why other options are incorrect:Option A (I and II only): Incorrect. Statement II is wrong — ordinances cannot abridge Fundamental Rights.Option B (II and III only): Incorrect. Statement II is incorrect.Option D (I, II and III): Incorrect. Statement II is incorrect.Key Concept: Ordinance-Making Power (Article 123): When: When Parliament is not in session. Who: President (on aid and advice of Council of Ministers). Scope: Same as Parliament's legislative power — can legislate on any subject in the Union or Concurrent List. Duration: 6 weeks after Parliament reassembles (if not laid before Parliament and approved); or when disapproved by Parliament; or when withdrawn by President. Limitations: Cannot abridge Fundamental Rights; Cannot amend Constitution; Subject to judicial review (D.C. Wadhwa v. State of Bihar, 1987 — SC held that re-promulgating ordinances without parliamentary approval is unconstitutional subversion). State Ordinances: Governor under Article 213. Retrospective ordinances: Valid if within legislative competence (not barred by Article 20 — no retrospective criminal punishment).

With reference to the Indian polity, consider the following statements:An Ordinance can amend any Central Act.An Ordinance can abridge a Fundamental Right.An Ordinance can come into effect from a back date.Which of the statements given above are correct?

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With reference to the Indian polity, consider the following statements:An Ordinance can amend any Central Act.An Ordinance can abridge a Fundamental Right.An Ordinance can come into effect from a back date.Which of the statements given above are correct?

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