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Q51 (IAS/2025) Polity & Governance › Union Executive › Powers of President Answer Verified

With 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?

Result
Your answer: —  ·  Correct: C
Explanation

The correct answer is option C (I and III only).

**Statement I is correct:** An ordinance may modify or repeal any act of Parliament or another ordinance.[2] This means an ordinance can amend any Central Act.

**Statement II is incorrect:** Any act of the Executive or of the Legislature which takes away or abridges any of the Fundamental Rights shall be void and the courts are empowered to declare it as void.[3] Since an ordinance has the same force as an act of Parliament, it cannot validly abridge a Fundamental Right as such action would be void under Article 13.

**Statement III is correct:** An ordinance like any other legislation, can be retrospective, that is, it may come into force from a back date.[2]

However, it cannot be issued to amend the Constitution.[2] Therefore, while ordinances have extensive powers including retrospective effect and amending Central Acts, they cannot violate Fundamental Rights.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 198
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 198
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 151
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. With reference to the Indian polity, consider the following statements : I. An Ordinance can amend any Central Act. II. An Ordinance ca…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a textbook 'Sitter' directly from Laxmikanth's President chapter. It tests the specific boundary conditions of Article 123. If you rely on general reading without memorizing the explicit 'Exceptions' and 'Limitations' lists, you will falter here.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In Indian polity, can a President's Ordinance promulgated under Article 123 amend an existing Central Act?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 198
Presence: 5/5
“An ordinance like any other legislation, can be retrospective, that is, it may come into force from a back date. It may modify or repeal any act of Parliament or another ordinance. It can alter or amend a tax law also. However, it cannot be issued to amend the Constitution. The ordinance-making power of the President in India is rather unusual and not found in most of the democratic Constitutions of the world, including that of USA, and UK. In justification of the ordinance-making power of the President, Dr. B.R. Ambedkar said in the Constituent Assembly that the mechanism of issuing an ordinance has been devised in order to enable the Executive to deal with a situation that may suddenly and immediately arise when the Parliament is not in session.”
Why this source?
  • Explicitly states an ordinance may modify or repeal any Act of Parliament or another ordinance.
  • Specifically notes ordinances can alter or amend tax laws, showing amendment power over central legislation.
  • Also clarifies a distinct limitation (cannot amend the Constitution), reinforcing scope over ordinary Acts.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > It) Tlte Ordinance-making PQwer. > p. 219
Presence: 5/5
“Subject to this limitation. the Ordinance may be of any nature as Parliamentary legislation may take. eg it may be retrospective or may amend or repeal any law or Act of Parliament itself. Of course, an Ordinance shall. be of temporary duration. This independent power of the Executive to legislate by Ordinance is a relic of the Government of India Act, 1935, but the provisions of the Constitution differ from that of the Act of 1935 in several material respects as follows: Firstly; this power is to be exercised by the President on the advice of his Council of Ministers (and not in the exercise of his 'iindividualjudgment" as the Governor-General was empowered to act, under the Government of India Act; 1935).”
Why this source?
  • Says an Ordinance may be of any nature parliamentary legislation may take, including amending or repealing any law or Act of Parliament.
  • Frames ordinance power as an executive ability to legislate comparable to Parliamentary enactments, implying validity to amend central Acts.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 197
Presence: 4/5
“Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament, but .are in the nature of temporary laws. The ordinance-making power is the most important legislative power of the President. It has been vested in him/her to deal with unforeseen or urgent matters. But, the exercise of this power is subject to the following four limitations: • 1. He/she can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session.”
Why this source?
  • States ordinances have the same force and effect as an Act of Parliament, implying they can perform legislative functions such as amendment.
  • Describes ordinances as temporary laws used to deal with unforeseen or urgent matters, contextualizing why they may amend existing Acts.
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