Q81.
Which 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?
Answer
C
Explanation
Ordinance issued under Article 123 (by the or Article 213 (by the Governor) has the force and effect as an Act of Parliament or State It can amend or repeal existing laws, subject constitutional limits and legislative competence. statement I is correct. are "law" under Article 13 and must to the Fundamental Rights enshrined in Part III. Article 13(2) prohibits the State from making laws infringe Fundamental Rights, an Ordinance cannot them. Hence, statement II is not correct. power, whether through an Act or an generally includes the power of legislation—except in the case of criminal where Article 20(1) prohibits retrospective The Supreme Court has affirmed that the power is co-extensive with legislative Hence, statement III is correct.