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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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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

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.
Statement 2
In Indian polity, can an Ordinance abridge or take away a Fundamental Right protected by the Constitution?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 151
Presence: 5/5
“The Indian Constitution lays down the following provisions for the enforcement of the Fundamental Rights guaranteed by the Constitution, in the light of the above experience: (a) The Fundamental Rights are guaranteed by the Constitution not only against the action of the Executive but also against that of the Legislature. Any act of the Executive or of the Legislature which takes away or abridges any of these rights shall be void and the courts are empowered to declare it as void [Article 13].”
Why this source?
  • Makes Article 13 explicit: Fundamental Rights are guaranteed against action of the Executive as well as the Legislature.
  • Says any act of the Executive or Legislature that takes away or abridges these rights shall be void.
  • An Ordinance is an executive act; this snippet therefore directly bars ordinances from abridging Fundamental Rights.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 97
Presence: 4/5
“The Fundamental Rights form the basic structure of the Constitution. Any law that abrogates or abridges such rights would be violative of the doctrine of basic structure. Article 32 being a fundamental right, it is the duty of the court to ensure that no fundamental right is contravened or abridged by any statutory or constitutional provision. 30 , . A violation of separation of powers need not rise to such a level that the Apex Court considers it an abrogation of the basic structure. It is important to note that separation of powers between three organs—the Legislature, Executive and the Judiciary—is also nothing but a consequence of principles of equality enshrined in Article 14 of the Constitution of India.”
Why this source?
  • States Fundamental Rights form part of the Constitution's basic structure.
  • Asserts that any law abrogating or abridging such rights would violate the basic structure doctrine — strengthening the prohibition against measures that remove rights.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RICHTTO CONSTITUTIONAL REMEDIES > p. 97
Presence: 4/5
“The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution (a) The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed. (b) The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights. The writs issued may include habeas corpus, mandamus, prohibition, certiorari and quo-warranto. (c) Parliament can empower any other court to issue directions, orders and writs of all kinds.”
Why this source?
  • Identifies certain remedies/rights (Article 32) as basic features that cannot be abridged even by amendment.
  • Reinforces the principle that some Fundamental Rights enjoy protection beyond ordinary legislative or executive measures.
Statement 3
In Indian polity, can an Ordinance be given retrospective effect so that it comes into force from an earlier date?
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?
  • Directly states an ordinance can be retrospective and may come into force from a back date.
  • Specifies ordinances can modify or repeal Acts and alter tax law, showing substantive retrospective effect is possible.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Freedom of the Press. > p. 126
Presence: 3/5
“This is a limitation upon the law-making power of the Legislatures in India. A law is said to be prospective when it affects acts done or omission made after the law comes into effect. The majority of laws are prospective in their operation. But sometimes the Legislature may give retrospective effect to a law, that is to say, to bring within the operation of the law, not only future acts and omissions but also acts or omissions committed even prior to the enactment of the law in”
Why this source?
  • Explains the general legislative concept that a law may be given retrospective effect as distinct from prospective operation.
  • Provides the doctrinal backdrop that supports retrospective operation of legislative instruments.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8] Fundamental Rights and Fundamental Dimes 127 > p. 127
Presence: 4/5
“question. Though ordinarily a Legislature cah enact prospective as well as retrospective laws, according to the present clause a Legislature shall not be competent to make a criminal law retrospective so as to provide that a person may be eonvicted for an act which was not an offence under the law in force at the time of commission of that act or to subject an accused to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. In other words, when the Legislature declares an act to be an offence or provides a penalty for an offence, it cannot make the law retmspective so as to prejudicially affect t~~ persons who have committed such acts prior to the enactment of that law.”
Why this source?
  • Identifies a clear limitation: criminal laws cannot be made retrospective to convict or impose greater penalties.
  • Clarifies that retrospective operation has constitutional constraints, especially in criminal matters.
Pattern takeaway: Polity questions are binary: they are either conceptual definitions or specific scope-limitations. This question combines both. The pattern shows a preference for testing the 'equivalence' of Ordinance vs. Act and the 'supremacy' of Fundamental Rights over Article 123.
How you should have studied
  1. [THE VERDICT]: Sitter. Direct lift from M. Laxmikanth (Chapter 18) and D.D. Basu. If you got this wrong, your static core is compromised.
  2. [THE CONCEPTUAL TRIGGER]: Executive Legislation (Article 123). The specific overlap where the Executive steps into the shoes of the Legislature.
  3. [THE HORIZONTAL EXPANSION]: 1. An ordinance CANNOT amend the Constitution (Article 368 is Parliament exclusive). 2. Maximum life: 6 months + 6 weeks. 3. Governor's Ordinance (Art 213) requires President's instruction for certain bills. 4. DC Wadhwa & Krishna Kumar Singh judgments: Re-promulgation is a 'fraud on the Constitution'. 5. Judicial Review applies to the President's 'satisfaction' (Cooper Case).
  4. [THE STRATEGIC METACOGNITION]: When studying Constitutional bodies/powers, always create a 'Limitations List'. UPSC flips these limitations into positive statements (e.g., 'Can abridge FR') to trap you. Always ask: 'Does this power have the EXACT same footprint as a Parliamentary Act, or is it smaller?'
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Ordinance equals Act in force and effect
💡 The insight

Ordinances carry the same force and effect as Acts of Parliament, so they can operate like ordinary legislation.

High-yield for constitutional law questions: explains legal status of ordinances, links to legislative procedure and judicial review. Helps answer questions on temporary legislation, validity, and consequences when Parliament reconvenes.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 197
🔗 Anchor: "In Indian polity, can a President's Ordinance promulgated under Article 123 amen..."
📌 Adjacent topic to master
S1
👉 Scope of ordinance power — can amend/repeal ordinary Acts
💡 The insight

Ordinances may modify or repeal any Act of Parliament and can alter tax laws, showing their capacity to amend central legislation.

Crucial for questions on limits of executive legislation and difference between ordinary Acts and constitutional amendments. Enables analysis of when ordinances can substitute for Parliament and where they cannot (e.g., Constitution).

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 198
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > It) Tlte Ordinance-making PQwer. > p. 219
🔗 Anchor: "In Indian polity, can a President's Ordinance promulgated under Article 123 amen..."
📌 Adjacent topic to master
S1
👉 Conditions and limits on promulgation under Article 123
💡 The insight

Ordinances can be issued only when Parliament (one or both Houses) is not in session and only for immediate/necessary action.

Important for application-type questions about validity and misuse of ordinance power; connects to topics on separation of powers, temporary nature of ordinances, and later parliamentary ratification.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 197
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > It) Tlte Ordinance-making PQwer. > p. 220
🔗 Anchor: "In Indian polity, can a President's Ordinance promulgated under Article 123 amen..."
📌 Adjacent topic to master
S2
👉 Article 13 — State action and Fundamental Rights
💡 The insight

Article 13 prevents the State, including the Executive, from making laws or taking actions that abridge or take away Fundamental Rights.

High-yield: explains the basic prohibition on executive and legislative acts that infringe Part III rights, underpins many questions on judicial review and constitutional limits on state power. Connects to separation of powers, writ jurisdiction and remedies under Part III.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 151
🔗 Anchor: "In Indian polity, can an Ordinance abridge or take away a Fundamental Right prot..."
📌 Adjacent topic to master
S2
👉 Parliamentary amendment power (Article 368) and key cases
💡 The insight

Parliament's ability to amend Fundamental Rights has been judicially contested — landmark cases establish changing doctrines on when and how rights can be altered by amendments.

High-yield: essential for questions on constitutional amendments, limits on constituent power, and the interplay between ordinary laws/ordinances and amendment acts. Enables analysis of case law trends (Shankari Prasad, Golak Nath, Kesavananda) in mains and prelims.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SHANKARI PRASAD CASE (1951) > p. 625
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > I.C. GOLAK NATH CASE (1967) > p. 626
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 127
🔗 Anchor: "In Indian polity, can an Ordinance abridge or take away a Fundamental Right prot..."
📌 Adjacent topic to master
S2
👉 Basic Structure doctrine
💡 The insight

Fundamental Rights are part of the Constitution's basic structure; measures that abrogate core rights can be struck down as violating the basic structure.

High-yield: central to essays and polity answers on the limits of constitutional change, judicial review, and the protection of core rights. Links to topics on judicial restraint, constitutional amendments, and Article 32 remedies.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 97
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RICHTTO CONSTITUTIONAL REMEDIES > p. 97
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 127
🔗 Anchor: "In Indian polity, can an Ordinance abridge or take away a Fundamental Right prot..."
📌 Adjacent topic to master
S3
👉 Retrospective effect of legislation
💡 The insight

Ordinances can be drafted to operate from an earlier date, so mastery of retrospective vs prospective operation is central to the question.

High-yield: explains how a law can affect past acts and is directly relevant to validity and effects of ordinances; connects to statute interpretation and legislative intent questions often asked in UPSC.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 198
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Freedom of the Press. > p. 126
🔗 Anchor: "In Indian polity, can an Ordinance be given retrospective effect so that it come..."
🌑 The Hidden Trap

The 'Duration' Trap: While an ordinance ceases to operate 6 weeks after reassembly, acts done *during* the ordinance remain valid even after it lapses (unless deemed unconstitutional). The shadow question: 'Does the lapse of an ordinance invalidate actions taken under it?' (Answer: Generally No).

⚡ Elimination Cheat Code

The 'Article 13' Master Key: Recall that Article 13 explicitly defines 'Law' to include 'Ordinance'. Article 13 also says any 'Law' violating Fundamental Rights is void. Therefore, Statement II (Ordinance can abridge FR) is a direct contradiction of Article 13. Eliminate II -> Options A, B, and D are gone. Answer is C.

🔗 Mains Connection

Mains GS-2 (Separation of Powers): Link this to 'Ordinance Raj'. Use the *Krishna Kumar Singh (2017)* judgment to argue that while Article 123 is for 'urgent necessity', its routine use bypasses legislative scrutiny, violating the principle of parliamentary supremacy.

✓ Thank you! We'll review this.

SIMILAR QUESTIONS

CDS-I · 2003 · Q30 Relevance score: 3.75

With reference to Indian Constitution, consider the following statements : I. The Chapter on the Directive Principles of State Policy in the Indian Constitution seeks a Uniform Civil Code for all Indians. II. By 44th Amendment, the Janata Party Government in 1978-79 deleted the Fundamental Right to Property. III. Fundamental Duties were incorporated by the 42nd Amendment and added to Chapter IV. Which of these statements is/are correct?

IAS · 2019 · Q81 Relevance score: 3.00

With reference to the Constitution of India, consider the following statements : 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?

CDS-I · 2003 · Q5 Relevance score: 2.19

Consider the following statements : The Fundamental Rights under the Indian Constitution are fundamental because I. they are protected and enforced by the Constitution. II. they can be suspended only in the manner prescribed, by the Constitution. III. they are enforceable against the State. IV. they cannot be amended. Which of these statements are correct?

CDS-I · 2006 · Q33 Relevance score: 1.38

Consider the following statements 1. The President of India cannot return the Money Bi l l to the Lok Sabha for reconsideration . 2. During the period of National Emergency, the Pr esident of India can make ordinances even when Parliament is in session. Which of the statements given above is/ are correct ?