Regarding the ordinance-making power of the President of India under Article 123 of the Constitution, which of the following statements are constitutionally correct?
- An ordinance promulgated by the President has the same force and effect as an Act of Parliament, and it can be issued when either of the two Houses of Parliament is not in session.Cevap
- BThe President can promulgate an ordinance to amend fundamental rights or constitutional provisions during a parliamentary recess, provided it is ratified by a two-thirds majority within six weeks.
- Every ordinance promulgated by the President must be laid before both Houses of Parliament and automatically ceases to operate six weeks after the reassembly of Parliament, unless disapproved earlier.Cevap
- DUnlike the President, whose ordinance power is exercised on the advice of the Union Council of Ministers, the Governor of a State can promulgate ordinances at their sole personal discretion without council advice.
Cevap
The constitutionally correct statements are: (1) An ordinance promulgated by the President has the same force as an Act of Parliament and can be issued when either House is not in session, and (2) Every ordinance must be laid before both Houses of Parliament upon reassembly and ceases to operate six weeks after reassembly unless disapproved earlier.
The statement regarding the promulgation when either House is not in session is correct because a law cannot be enacted by Parliament without both Houses meeting. The statement regarding parliamentary reassembly is correct as Article 123(2)(a) stipulates an automatic six-week expiry period from the reassembly date of Parliament.
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Ordinance-making power of the President (Article 123) and its constitutional limits
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