Civil Services Prep

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?

  1. I and II only
  2. II and III only
  3. I and III only
  4. I, II and III

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.

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