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UPSC Prelims 2025 · Polity · President, PM & Union Executive
With reference to the Indian polity, consider the following statements:
- An Ordinance can amend any Central Act.
- An Ordinance can abridge a Fundamental Right.
- An Ordinance can come into effect from a back date.
- (a) I and II only
- (b) II and III only
- (c) I and III only
- (d) I, II and III
Show the answer and explanation
Answer: (c) I and III only
Same force as an Act (so it can amend Acts and be retrospective), same limits as an Act (so it cannot abridge FRs).
Statement by statement
1. ✓ CORRECT Under Art. 123(2) an ordinance has “the same force and effect as an Act of Parliament”, so it can amend or repeal a Central Act (it cannot amend the Constitution).
2. ✗ WRONG Art. 13(3)(a) includes “ordinance” in the definition of law, and Art. 13(2) voids any law that takes away or abridges a Fundamental Right.
3. ✓ CORRECT Like an Act, an ordinance can be made retrospective.
The idea
Ordinance rules (Art. 123): only when either House is not in session; President must be satisfied that immediate action is needed; lapses 6 weeks after Parliament reassembles (max ≈ 6 months + 6 weeks). Krishna Kumar Singh (2017): re-promulgating without placing it before the legislature is a fraud on the Constitution.
Parliament not in session → President promulgates (Art. 123) → reassembly + 6 weeks → lapses unless approved
Why the others are wrong
(a) Accepts II — but Art. 13 treats an ordinance as “law”, so it cannot abridge a Fundamental Right.
(b) Drops I: an ordinance can amend a Central Act because it has the force of an Act.
(d) II fails the Art. 13 test.
The trap
An ordinance is often thought of as a “lesser” law, so III (retrospective) looks wrong. It has the same force as an Act, retrospective effect included.
🔒 Ordinance = Act of Parliament for force and limits · can amend Acts · retrospective · cannot abridge FRs · cannot amend the Constitution.
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