Question
Consider the following statement 1. The
ordinance making power of the President is parallel with the legislative power of parliament 2. An ordinance can last for a maximum of 6 months from the date of its promulgation. 3. An ordinance can be retrospective in nature. Select the correct answer from the code given below:Solution
● Statement 1 is incorrect: Article 123 of the Constitution grants the President certain lawmaking powers to promulgate Ordinances when either of the two Houses of Parliament is not in session and hence it is not possible to enact laws in the Parliament. There is limitation on the President to promulgate ordinance when Parliament is not in session. Hence it is not a parallel power with the legislature. ● Statement 2 is incorrect: An ordinance will expire after 6 weeks once both the houses of Parliament are in session. Thus, the maximum validity of an ordinance is 6 months and 6 weeks ● Statement 3 is correct: An ordinance may have retrospective effect and may be modify repeal any act of Parliament or even another ordinance
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