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UPSC Prelims 2025 GS Paper 1, question 51

Topic: Polity and governance

Q51

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. (a) I and II only
  2. (b) II and III only
  3. (c) I and III onlyCorrect answer
  4. (d) I, II and III

Solution.

Answer: (c) I and III only

  1. Statement I is correct: under Article 123(2), an Ordinance promulgated by the President has the same force and effect as an Act of Parliament and can therefore amend or repeal any Central Act.
  2. Statement II is incorrect: under Article 13(2) and 13(3)(a), an Ordinance is 'law' and is subject to the same constitutional limitations as an Act of Parliament, so it cannot abridge or take away any Fundamental Right.
  3. Statement III is correct: like an Act of Parliament, an Ordinance can be given retrospective effect and come into force from a back date.