UPSC 2024PolityModerate

With reference to the Indian polity, consider the following statements : 1. An Ordinance can amend any Central Act. 2. An Ordinance can abridge a Fundamental Right. 3. An Ordinance can come into effect from a back date. Which of the statements given above are correct?

A
1 and 2 only
B
2 and 3 only
C
1 and 3 only
Correct Answer
D
1, 2 and 3

Explanation

Option (c) is correct because an Ordinance has the same force and effect as an Act of Parliament, allowing it to amend existing statutes and be applied retrospectively. Statement 2 is incorrect because Article 13(3) explicitly includes ordinances in the definition of "law," meaning they are subject to the same constitutional limitations as regular legislation and cannot abridge Fundamental Rights. The core concept tested is the scope and limitations of the executive's ordinance-making power under Articles 123 and 213 of the Indian Constitution.

ExecutiveOrdinance Making PowerOrdinanceCentral ActFundamental RightRetrospective EffectArticle 123President of India

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