Question

Q. In the context of the Ordinance making power of the President, which of the following statements are correct?

Select the correct answer using the code given below

• A.
  1 and 2 only
• B.
  2 and 4 only
• C.
  1 and 3 only
• D.
  3 and 4 only

Answer 1

The correct option is C

1 and 3 only
Explanation:

Statement 1 is correct.
Article 123 of the Indian constitution empowers the President to promulgate ordinances during the recess of Parliament. It is the legislative power of the President and the ordinances issued by him will have the same force and effect as an act of Parliament.

Statement 2 is incorrect.
Ordinances issued by the President can be withdrawn by the President at any time. However, this power is not a discretionary power. He can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister.

Statement 3 is correct.
The provision that the ordinance making decision of the President as final which was added by the 38th Constitutional Amendment Act of 1975 was deleted by the 44th Constitutional Amendment Act of 1978. Thus, the President’s satisfaction can be questioned in a court of law on the ground of malafide.

Statement 4 is incorrect.
An ordinance issued by the President must be laid before the Parliament when it reassembles. If no action is taken by the Parliament within 6 weeks of its reassembly, the ordinance issued will cease to operate. Moreover, the ordinance can be ceased before the 6 weeks if the both the Houses of Parliament pass resolutions disapproving it.

Now, since there can be a maximum of 6 months time gap between two successive sessions of the Parliament, the ordinance lifetime will be maximum of 6 months and six weeks (in case of non-approval by the Parliament)