Q. Consider the following statements regarding ordinance making power of the President of India:
1. The ordinance issued by President cannot have a retrospective effect.
2. The President can issue an ordinance even when only one house of Parliament is not in session.
Which of the above statements is/are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect: An ordinance issued by President can be retrospective like any other legislation. It means it may come into force from a backdate. Hence the statement is incorrect.
Statement 2 is correct: The Presidents can promulgate an ordinance when both the houses of parliament are not in session and even when there is only one house is not in session as the laws in parliament can be passed by both houses of parliament and not by just one house.
| Important Tips Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament but are temporary laws. He can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session. |
