Previous Year Question
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 II only
II and III only
I and III only
I, II and III
Correct Answer: C
Detailed Solution
The President’s ordinance-making power is provided under Article 123. The President may promulgate an Ordinance when both Houses of Parliament are not in session and circumstances require immediate action.
Statement I is correct. An Ordinance has the same force and effect as an Act of Parliament. It may, therefore, amend or repeal a Central Act within Parliament’s legislative competence.
An Ordinance cannot amend the Constitution because Article 368 prescribes a separate amendment process involving the introduction and passage of a Constitution Amendment Bill by the required special majority.
Statement II is incorrect. Article 13(3) expressly includes an Ordinance within the meaning of ‘law’. Article 13(2) prohibits the State from making a law that takes away or abridges Fundamental Rights. Any such law is void to the extent of the violation.
Consequently, an Ordinance:
Is subject to Fundamental Rights.
Is open to constitutional judicial review.
Is bound by the same constitutional limitations as an Act of Parliament.
Statement III is correct. Like an Act of Parliament, an Ordinance may be given retrospective operation. Its retrospective effect, however, remains subject to constitutional limitations. For example, Article 20(1) prevents an Ordinance from retrospectively creating a criminal offence or imposing a greater penalty than the one applicable when the offence was committed.
Other important features of an Ordinance are:
It is promulgated by the President on the aid and advice of the Union Council of Ministers.
It must be laid before both Houses of Parliament.
It ceases to operate six weeks after Parliament reassembles unless converted into an Act earlier.
If the Houses reassemble on different dates, the six-week period is calculated from the later date.
The President may withdraw it at any time.
Parliament may disapprove it before the expiry of six weeks.