Prelims 2025 · Polity and Constitution · Question 81
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?
Answer
I and III only
I. Correct. Under Article 123, an Ordinance has the same force and effect as an Act of Parliament; therefore it can amend or repeal an existing Central Act, subject to constitutional limits.
II. Incorrect. An Ordinance is subject to the Constitution just like a law made by Parliament. It cannot violate/abridge Fundamental Rights; if it does, it is void to that extent under Article 13.
III. Correct. An Ordinance may be given retrospective effect (operate from a back date), just as a valid parliamentary law can, unless it violates constitutional limitations.
Hence, Statements I and III only are correct.