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?
I and Ill only
Understanding Ordinances in Indian Polity
The question asks us to consider the powers and limitations of Ordinances in the context of Indian polity by evaluating three statements.
An Ordinance is a temporary law promulgated by the President of India or the Governor of a state when the Parliament or the State Legislature, respectively, is not in session. It has the same force and effect as an Act of the legislature but is temporary in nature and must be approved by the legislature when it reassembles.
Analysis of Statements regarding Ordinances
Statement I: An Ordinance can amend any Central Act.
This statement is correct. An Ordinance has the same legislative power as an Act passed by the Parliament. Therefore, the President can promulgate an Ordinance that can amend or repeal an existing Central Act. This power allows the executive to address urgent legislative matters when the Parliament is not in session.
Statement II: An Ordinance can abridge a Fundamental Right.
This statement is incorrect. Ordinances, like any other law made by the legislature, are subject to the limitations imposed by the Constitution of India, including the Fundamental Rights enshrined in Part III. Article 13(2) states that the State shall not make any law which takes away or abridges the rights conferred by Part III, and any law made in contravention of this clause shall, to the extent of the contravention, be void. Since an Ordinance is a 'law', it cannot abridge or take away Fundamental Rights. This has been upheld by the Supreme Court, confirming that Ordinances are subject to judicial review just like other laws.
Statement III: An Ordinance can come into effect from a back date.
This statement is correct. An Ordinance can be given retrospective effect, meaning it can be made applicable from a date prior to its promulgation. This is similar to the power of the legislature to pass laws with retrospective effect, provided such retrospective application does not violate constitutional provisions, such as those related to Fundamental Rights (like Article 20 which prohibits retrospective criminal laws).
Summary of Analysis
- Statement I: An Ordinance can amend a Central Act. (Correct)
- Statement II: An Ordinance can abridge a Fundamental Right. (Incorrect)
- Statement III: An Ordinance can come into effect from a back date. (Correct)
Based on the analysis, statements I and III are correct, while statement II is incorrect.
Conclusion on Correct Statements
The statements that are correct are I and III.
| Statement | Validity | Reasoning |
|---|---|---|
| I. Can amend any Central Act. | Correct | Ordinances have the same legislative force as Acts of Parliament. |
| II. Can abridge a Fundamental Right. | Incorrect | Ordinances are laws and subject to Fundamental Rights limitations (Article 13). |
| III. Can come into effect from a back date. | Correct | Ordinances can have retrospective effect. |
Revision Table: Key Facts about Ordinances
| Feature | Description |
|---|---|
| Promulgating Authority | President (Centre) or Governor (State) |
| Condition for Promulgation | Legislature (Parliament/State Assembly) is not in session and immediate action is required. |
| Force and Effect | Same as an Act of the Legislature. |
| Duration | Temporary; ceases to operate six weeks from the reassembly of the Legislature, or earlier if disapproved. |
| Subject to | Constitutional limitations, including Fundamental Rights and judicial review. |
| Retrospective Effect | Can have retrospective effect. |
Additional Information on Ordinances in Indian Polity
The power to promulgate Ordinances is a significant legislative power vested in the executive. This power is provided under Article 123 of the Constitution for the President and Article 213 for the Governor. This power is intended to deal with unforeseen or urgent situations that require immediate legislative action when the legislature is not sitting.
However, this power is not unlimited. The Constitution requires that an Ordinance laid before the legislature must be approved within six weeks of its reassembly. If it is not approved, it ceases to operate. The President or Governor can also withdraw an Ordinance at any time.
The validity of an Ordinance can be challenged in a court of law on various grounds, such as:
- It was promulgated when the legislature was actually in session.
- It violates any Fundamental Right.
- It contravenes any other constitutional provision.
- It was promulgated without satisfaction that circumstances required immediate action (though proving the *lack* of satisfaction can be difficult and subject to judicial review's scope).
The power to issue Ordinances is a controversial aspect of Indian polity as it allows the executive to bypass the legislative process temporarily. However, it is recognized as a necessary tool for effective governance in certain circumstances, balanced by the requirement of legislative approval and judicial oversight.
Similar Questions
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I. Full battery electric vehicles
II. Hydrogen fuel cell vehicles
III. Fuel cell electric hybrid vehicles
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II. Eyeglass lenses
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Which one of the following is correct in respect of the above statements?
Important Questions from GS (Miscellaneous)
Consider the following types of vehicles:
I. Full battery electric vehicles
II. Hydrogen fuel cell vehicles
III. Fuel cell electric hybrid vehicles
How many of the above are considered as alternative powertrain vehicles?With reference to Unmanned Aerial Vehicles (UAVs), consider the following statements:
I. All types of UAVs can do vertical landing.
II. All types of UAVs can do automated hovering.
III. All types of UAVs can use battery only as a source of power supply.
How many of the statements given above are correct?In the context of electric vehicle batteries, consider the following elements:
I. Cobalt
II. Graphite
III. Lithium
IV. Nickel
How many of the above usually make up battery cathodes?Consider the following:
I. Cigarette butts
II. Eyeglass lenses
III. Car tyres
How many of them contain plastic?Consider the following substances:
I. Ethanol
II. Nitroglycerine
III. Urea
Coal gasification technology can be used in the production of how many of them?
