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?

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?

Accepted Answer

C. Presidential Ordinances issued under Article 123 possess the exact same legal force as Parliamentary Acts. While they can amend existing laws retrospectively, Article 13 prohibits Ordinances from violating or abridging Fundamental Rights.

Under **Article 123** of the Constitution, the President's Ordinance-making power is co-extensive with the legislative power of Parliament. This means an Ordinance can do exactly what a Parliamentary Act can do, subject to the exact same limitations.

*   **Statement I is Correct:** Since Parliament can amend any Central Act, an Ordinance can also legally amend or repeal any existing Central Act or another Ordinance.
*   **Statement II is Incorrect:** **Article 13(2)** expressly states that the State shall not make any 'law' that takes away or abridges Fundamental Rights. The definition of 'law' in Article 13(3) explicitly includes an Ordinance. Thus, any Ordinance violating a Fundamental Right is void.
*   **Statement III is Correct:** Because Parliament holds the power to pass civil or tax legislation with retrospective (back-dated) effect, an Ordinance mirrors this capability and can legally come into force from a retrospective date.

Answer

A. I and II only

Incorrect because: Statement II tests the core limitation of all laws. Aspirants might assume that because an Ordinance is an 'emergency' measure, it possesses overriding powers. However, Article 13 defines 'law' to include Ordinances, strictly barring them from violating Part III (Fundamental Rights).

Answer

B. II and III only

Incorrect option. This combination is unsupported by the primary citations.

Answer

D. I, II and III

Incorrect.

Executive Legislation (Ordinance Making Power)

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?

Solution & Analysis

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