Q. With reference to the Ordinance-making power of the President, consider the following statements:
1.An Ordinance possesses the same force and effect as an Act of Parliament and can be used to amend or repeal any existing Central Act.
2.Under Article 12, an Ordinance is defined as law, meaning it cannot abridge or take away Fundamental Rights guaranteed in Part III of the Constitution.
3.The President can exercise the power to promulgate an Ordinance even when one House of Parliament is in session.
Which of the statements given above are correct?
Answer: C
Notes:
Correct Answer: (c)
- Statement 1 is Correct: Article 123(2) states an Ordinance has the same force as an Act. It can amend/repeal any regular Act of Parliament but cannot amend the Constitution (Art 368).
- Statement 2 is Incorrect: Article 13(3)(a) explicitly includes Ordinance in the definition of law. Therefore, an Ordinance is subject to judicial review and cannot violate Fundamental Rights (unless such rights are suspended during a National Emergency).
- Statement 3 is Correct: An Ordinance can be issued when either of the two Houses is not in session. A law cannot be passed by only one House; hence, the legislative machinery is considered stalled, allowing for an Ordinance.
