UPSC Prelims 2025Question 51Polity

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?

Options

(a)I and II only
(b)II and III only
(c)I and III only
(d)I, II and III

Correct answer: c

Decision rule

An ordinance carries the force of an Act, so it can do whatever an Act can — and is barred wherever an Act is barred.

Explanation

Correct Answer:

(c) I and III only

Explanation of the Correct Answer:

Let’s evaluate each statement:

Statement I: An Ordinance can amend any Central Act
- Correct.
- An ordinance, when promulgated under Article 123 by the President (or Article 213 by the Governor at the state level), has the same force and effect as an Act of Parliament.
- Therefore, it can amend or repeal any existing Central Act, including financial or criminal laws, as long as it adheres to constitutional limitations.

Statement II: An Ordinance can abridge a Fundamental Right
- Incorrect.
- While an ordinance has the same effect as a law made by Parliament, no law (including ordinances) can contravene Part III (Fundamental Rights) unless permitted by the Constitution (e.g., Article 33 or during emergency under Article 359).
- Any ordinance that abridges or takes away a Fundamental Right is liable to be struck down by the judiciary under the doctrine of constitutional supremacy.

Statement III: An Ordinance can come into effect from a back date
- Correct.
- Ordinances can be given retrospective effect, similar to laws passed by Parliament.
- However, this is subject to judicial review and must not violate fundamental rights or basic structure.

Why Other Options Are Incorrect:

(a) I and II only – Incorrect: II is incorrect.
(b) II and III only – Incorrect: II is incorrect.
(d) I, II and III – Incorrect: II is incorrect.

Relevant Supplementary Information

Table: Evaluation of Statements

Statement	Content	Correct?	Explanation
I	Ordinance can amend any Central Act	Yes	It has the same legal force as an Act of Parliament under Article 123
II	Ordinance can abridge a Fundamental Right	No	No ordinary law or ordinance can override Part III rights without constitutional basis
III	Ordinance can come into effect from a back date	Yes	Retrospective effect is legally permissible, like ordinary laws

Related Concepts:

Concept	Explanation
Article 123 (President)	Allows the President to promulgate ordinances when Parliament is not in session
Article 213 (Governor)	Allows similar powers at the state level
Retrospective Legislation	Law or ordinance can take effect from a date earlier than its promulgation
Judicial Review	Courts can strike down ordinances that violate Fundamental Rights or Constitution
Doctrine of Separation of Powers	Executive law-making through ordinances is temporary and subject to legislative approval

Current Relevance:

Ordinance-making is frequently used by governments for urgent matters (e.g., farm laws, banking reforms, taxation rules).
The Supreme Court has cautioned against misuse of ordinance power, emphasizing that it should be used only when immediate action is necessary.

Table: Concepts Related to Ordinance-Making Power in India

Concept	Explanation	Relevant Articles / Provisions	Remarks / Case Laws
Ordinance (President)	A temporary law made by the President when Parliament is not in session	Article 123 of the Constitution	Has the same force as an Act of Parliament; must be laid before Parliament and approved within 6 weeks
Ordinance (Governor)	Similar power granted to the Governor when State Legislature is not in session	Article 213	Applies to state laws; subject to President's approval in certain cases
Amending a Central Act	Ordinances can amend, repeal, or enact new laws, including amendments to Central Acts	Article 123 read with legislative powers	Valid as long as it does not violate constitutional provisions
Retrospective Effect	Ordinances can be given effect from a past date (retrospective legislation)	Allowed by convention and case law	Subject to judicial scrutiny, especially if it affects vested rights
Abridging Fundamental Rights	Ordinances cannot override or abridge Fundamental Rights unless explicitly permitted	Part III of Constitution; Articles 13, 33, 359	Struck down if violative of rights; e.g., Kesavananda Bharati, A.K. Gopalan
Judicial Review of Ordinances	Courts can strike down an ordinance if it is arbitrary, violates rights, or lacks necessity	Basic structure doctrine	Supreme Court in D.C. Wadhwa v. State of Bihar (1987) warned against misuse
Temporary Nature	Ordinances cease to operate 6 weeks after Parliament reconvenes, unless passed as law	Article 123(2)	Intended for urgent and unavoidable circumstances only

Additional Concepts

Term	Meaning / Importance
Doctrine of Separation of Powers	Limits ordinance-making as it gives executive law-making power temporarily
Ordinance vs Act	Ordinance = temporary executive law; Act = permanent law passed by legislature
Limitations	Ordinance must not: violate Constitution, be issued when Houses are in session, or be re-promulgated excessively
Retrospective Law	A law that takes effect from a date before its promulgation/publication

Table: Ordinance-Making Power in Indian Polity

Aspect	President’s Ordinance	Governor’s Ordinance
Constitutional Article	Article 123	Article 213
Issued By	President of India	Governor of a State
When Issued	When Parliament is not in session	When State Legislature is not in session
On Whose Advice	Council of Ministers headed by the Prime Minister	Council of Ministers headed by the Chief Minister
Scope	Covers subjects in Union and Concurrent Lists	Covers subjects in State and Concurrent Lists
Force of Law	Equal to an Act of Parliament	Equal to an Act of State Legislature
Retrospective Effect	Allowed, subject to judicial review	Allowed, subject to judicial review
Amending Existing Laws	Can amend any Central Act	Can amend State Acts
Affecting Fundamental Rights	Cannot abridge unless permitted under Constitution (e.g., Article 33)	Same limitation applies
Duration	Valid for 6 weeks after reassembly of Parliament	Valid for 6 weeks after reassembly of Legislature
Laying Before Legislature	Must be laid before both Houses of Parliament	Must be laid before State Legislature
Judicial Review	Subject to judicial review	Subject to judicial review
Important Case Law	D.C. Wadhwa v. State of Bihar (1987)	Same principles apply under federal structure
Misuse Check	Ordinance cannot be re-promulgated excessively	Same constitutional constraint applies

Key Limitations for Both:

Cannot override Fundamental Rights
Cannot be issued when the legislature is in session
Must be approved or allowed to lapse within constitutional limits

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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?