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 codes given below:
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 codes given below:
The correct option is D None of the above
Explanation:
Statement 1 is incorrect: Article 123 deals with the ordinance making power of the President. It is an important legislative power of the president. His power to promulgate ordinance is not a discretionary power. Council of Ministers’ (headed by PM) advice is a prerequisite.
Statement 2 is incorrect: Ordinances can be introduced on those subjects on which the Indian Parliament can make laws which also includes Money Bill. However, a constitutional amendment cannot be made through the ordinance route.
Statement 3 is incorrect: In RC Cooper vs. Union of India (1970), the Supreme Court held that the President’s decision could be challenged in a court on the ground of malafide.
Statement 4 is incorrect: The maximum life of an ordinance can be six months and six weeks. Ordinance ceases to exist if parliament takes no action within six weeks from its reassembly
Explanation:
Statement 1 is incorrect: Article 123 deals with the ordinance making power of the President. It is an important legislative power of the president. His power to promulgate ordinance is not a discretionary power. Council of Ministers’ (headed by PM) advice is a prerequisite.
Statement 2 is incorrect: Ordinances can be introduced on those subjects on which the Indian Parliament can make laws which also includes Money Bill. However, a constitutional amendment cannot be made through the ordinance route.
Statement 3 is incorrect: In RC Cooper vs. Union of India (1970), the Supreme Court held that the President’s decision could be challenged in a court on the ground of malafide.
Statement 4 is incorrect: The maximum life of an ordinance can be six months and six weeks. Ordinance ceases to exist if parliament takes no action within six weeks from its reassembly
