UPSC Previous Year Question | Prelims GS | 2025

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?

  1. I and II only
  2. II and III only
  3. I and III only
  4. I, II and III

Answer

Correct Answer

I and III only

Explanation

An Ordinance issued under Article 123 has the same force and effect as an Act of Parliament, so it can amend or repeal any Central Act (I, correct) and can be made retrospective, coming into effect from a back date (III, correct). However, an Ordinance, like any law, cannot abridge or take away a Fundamental Right, since it is subject to constitutional limitations just like ordinary legislation, making II incorrect.

Topics: article 123, ordinance, polity