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Q83 (CAPF/2020) Polity & Governance › Union Executive › Powers of President Answer Verified

Which of the following statements) regarding promulgation of ordinance is/are correct ? 1. President can promulgate ordi¬nances which are of temporary duration 2. An ordinance promulgated by the President has to be ratified by Parliament within six weeks of its re-assembly Select the correct answer using the code given below:

Result
Your answer: —  ·  Correct: C
Explanation

Under Article 123 of the Indian Constitution, the President is empowered to promulgate ordinances during the recess of Parliament to address urgent matters [4]. These ordinances are explicitly described as temporary laws because they have a limited duration and must eventually be replaced by an Act of Parliament or allowed to lapse [3]. Statement 1 is therefore correct. Regarding Statement 2, every ordinance promulgated by the President must be laid before both Houses of Parliament upon their re-assembly [1]. The ordinance ceases to operate at the expiration of six weeks from the date of re-assembly unless it is approved (ratified) by both Houses before that period [2]. If the Houses re-assemble on different dates, the six-week period is calculated from the later of those dates [1]. Thus, both statements accurately reflect the constitutional provisions governing the President's ordinance-making power.

Sources

  1. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 197
  2. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 197
  3. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 198
  4. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 198
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