Q. With Reference to the Indian polity, consider the following statements:
I. An Ordinance can amend any central Act.
II. An Ordinance can abridge a Fundamental Right.
III. An Ordinance can come into effect from a back date.
Which of the statements given above are correct?
Exp) Option c is the correct answer.
Statement I is correct: As per Article 123 of the Constitution, the President can promulgate an ordinance when Parliament is not in session. An ordinance has the same force and effect as an Act of Parliament, and thus, it can amend or repeal any existing Central Act.
Statement II is incorrect: An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights
Statement III is correct: As an ordinance has the same force and effect as an Act of Parliament, ordinance can come into effect from a back date as the retrospective law.
Source: Indian Polity Laxmikanth- Chapter 17- President
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