Official UPSC Format

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?

1. I. An Ordinance can amend any Central Act.

2. II. An Ordinance can abridge a Fundamental Right.

3. III. An Ordinance can come into effect from a back date.

⚡ Quick Recall Snippet

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.

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Detailed Solution & Authority Citations

Correct Answer is Option C
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.

    • 🚨 The Examiner's Trap

    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).

    Active Recall Flashcard

    Tap to Flip

    Can an Ordinance issued by the President be applied retrospectively (from a back date)?

    Yes, an Ordinance has the same powers as an Act of Parliament and can be retrospective.

    Concept Flow Mapping

    President
    Issues
    Ordinances
    Ordinances
    Governed By
    Article 123
    Ordinances
    Cannot Violate
    Fundamental Rights

    Logic Quest

    "Why can an Ordinance operate retrospectively?"

    Not analyzing core concepts like Executive Legislation (Ordinance Making Power) through the lens of Previous Year Questions is a serious miss-out. This PYQ engine is specifically designed to help you decode the examiner's mindset and master highly probable Indian Polity questions for your upcoming Prelims.