UPSC CSE 2025 · PYQ · Indian Polity / Ordinance Making Power · medium
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?
A.I and II only
B.II and III only
C.I and III only✓ Correct
D.I, II and III
Explanation
Under Article 123, an Ordinance promulgated by the President has the same force and effect as an Act of Parliament, so it can amend any Central Act — statement I is correct. However, like an Act of Parliament, an Ordinance cannot abridge any Fundamental Right; Article 13 prohibits the State from making any law (including ordinances) that takes away or abridges Fundamental Rights — so statement II is incorrect. An Ordinance can be given retrospective effect, just as a law made by Parliament can, so statement III is correct. Hence I and III only are correct.
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