Question

Consider the following statements:

a. The decision of the President to issue an Ordinance can be questioned in a court for being malafide.

b. An Ordinance like any other legislation can be retrospective.

c. An Ordinance cannot be issued to amend the Constitution.

Which of the above statements are correct?

1. a and b
2. b and c
3. c and d
4. a, b and c

Answer 1

Correct Answer - Option 4 : a, b and c

The correct answer is a, b and c.

• The decision of the President to issue an Ordinance can be questioned in a court for being malafide.
• An Ordinance like any other legislation can be retrospective.
• An Ordinance cannot be issued to amend the Constitution.
• Hence all the statements are correct.

• Ordinances are like a law but not enacted by the Parliament but rather promulgated by the President of India when Lok Sabha and Rajya Sabha or either of those is not in session.
• Union Cabinet’s recommendation is a must for an ordinance to be promulgated.
• Using ordinances, immediate legislative actions can be taken.
• Article 123 deals with the ordinance making power of the President.
• President has many legislative powers and this power is one of them.
• President’s Ordinance Making Power
  • When both the houses or either of the house is not in session
  • Circumstances occur where the President thinks it necessary to act without waiting for houses to assemble.
  • An ordinance can be retrospective in nature.
  • An ordinance rolled out when both the houses are in session is void in nature.
  • The Parliament has to approve the ordinance within six weeks from its reassembly.
  • Acts, done and completed under the ordinance before it lapses, remains fully active.
  • The power of ordinance making is not to be taken as a substitute for the legislative power.
  • Only under special circumstances, ordinances can be rolled out
  • President’s power to roll out ordinance is justiciable on the ground of malafide
• There are the following limitations:
  • President can promulgate an ordinance only when both the houses are not in session or only one house is in session.
  • For an ordinance to be promulgated, such circumstances should be there which deem it necessary for President to legislate through the ordinance.