Examkin

Question

Difficulty: MediumUnion Executive: President, Vice-President, PM, and Council of Ministers

Regarding the constitutional provisions and legislative powers of the Union Executive of India, which of the following statements are correct?

  1. The President can promulgate an ordinance under Article 123 when either of the two Houses of Parliament is not in session.Answer
  2. An ordinance promulgated by the President has the same force as an Act of Parliament, but it automatically ceases to operate six weeks after the reassembly of Parliament.Answer
  3. C
    The President possesses independent constitutional discretion under Article 123 to promulgate ordinances without requiring advice from the Union Council of Ministers.
  4. D
    All executive actions of the Government of India are formally expressed to be taken in the name of the Prime Minister under Article 77.

Answer

The correct statements are that the President can promulgate an ordinance when either House of Parliament is not in session, and that such an ordinance carries the full force of an Act of Parliament but ceases to operate six weeks after Parliament reassembles.
Under Article 123 of the Constitution of India, the President can issue an ordinance when either of the two Houses of Parliament is not in session, because an Act cannot be passed by a single House alone. Furthermore, such an ordinance has the same effect as a parliamentary statute, but it must be submitted to Parliament upon reassembly and automatically lapses six weeks from the date of reassembly unless ratified earlier.

Step-by-Step Solution

1
Analyze the session prerequisite for Ordinance Promulgation under Article 123.
Since parliamentary legislation requires concurrence from both the Lok Sabha and Rajya Sabha, Parliament is deemed unable to pass ordinary legislation if either House is prorogued or not in session.
This establishes the necessity condition allowing the President to promulgate ordinances.
2
Evaluate the legal effect and lifetime limitations of an Ordinance.
An ordinance holds identical legal force to an Act passed by Parliament, but Article 123(2)(a) mandates that it must be laid before Parliament and expires six weeks after Parliament reconvenes unless passed or disapproved sooner.
This maintains parliamentary supremacy over temporary executive lawmaking.
3
Examine the nature of presidential discretion and formal naming of executive actions under Articles 74, 77, and 123.
Ordinance power is executive-driven on the advice of the Council of Ministers under Article 74, and Article 77(1) explicitly dictates that all executive actions are formally taken in the name of the President.
This invalidates assertions claiming independent presidential discretion or executive actions taken in the Prime Minister's name.

Key Concept

Ordinance-Making Power of the President (Article 123) and Conduct of Government Business (Article 77)
Rate this question

Topics

Union Executive: President, Vice-President, PM, and Council of Ministers

More questions from this topic