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With reference to the ordinance-making power of the President, consider the following statements:
1. This power is parallel to and coextensive with the legislative powers of Parliament.
2. The President can withdraw an ordinance only on the advice of the council of ministers.
Which of the statements given above is/are correct?
1. This power is parallel to and coextensive with the legislative powers of Parliament.
2. The President can withdraw an ordinance only on the advice of the council of ministers.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
With reference to the ordinance-making power of the President, conside...
• Ordinance Making Power of President
1. Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
2. He can promulgate an ordinance only when either or both the Houses of Parliament are not in session.
• Coextensive nature
1. Ordinance-making power is coextensive as regards all matters except duration, with the law-making powers of the Parliament because:
• An ordinance can be issued only on those subjects on which the Parliament can make laws.
• An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
• Parallel Nature
1. The power of the President to legislate by ordinance is not a parallel power of legislation because an ordinance made when both the Houses are in session is void. Hence statement 1 is not correct.
2. The President can also withdraw an ordinance at any time. However, his power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister. Hence statement 2 is correct.
1. Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
2. He can promulgate an ordinance only when either or both the Houses of Parliament are not in session.
• Coextensive nature
1. Ordinance-making power is coextensive as regards all matters except duration, with the law-making powers of the Parliament because:
• An ordinance can be issued only on those subjects on which the Parliament can make laws.
• An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
• Parallel Nature
1. The power of the President to legislate by ordinance is not a parallel power of legislation because an ordinance made when both the Houses are in session is void. Hence statement 1 is not correct.
2. The President can also withdraw an ordinance at any time. However, his power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister. Hence statement 2 is correct.
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With reference to the ordinance-making power of the President, conside...
• Ordinance Making Power of President
1. Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
2. He can promulgate an ordinance only when either or both the Houses of Parliament are not in session.
• Coextensive nature
1. Ordinance-making power is coextensive as regards all matters except duration, with the law-making powers of the Parliament because:
• An ordinance can be issued only on those subjects on which the Parliament can make laws.
• An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
• Parallel Nature
1. The power of the President to legislate by ordinance is not a parallel power of legislation because an ordinance made when both the Houses are in session is void. Hence statement 1 is not correct.
2. The President can also withdraw an ordinance at any time. However, his power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister. Hence statement 2 is correct.
1. Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
2. He can promulgate an ordinance only when either or both the Houses of Parliament are not in session.
• Coextensive nature
1. Ordinance-making power is coextensive as regards all matters except duration, with the law-making powers of the Parliament because:
• An ordinance can be issued only on those subjects on which the Parliament can make laws.
• An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
• Parallel Nature
1. The power of the President to legislate by ordinance is not a parallel power of legislation because an ordinance made when both the Houses are in session is void. Hence statement 1 is not correct.
2. The President can also withdraw an ordinance at any time. However, his power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister. Hence statement 2 is correct.
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With reference to the ordinance-making power of the President, consider the following statements:1. This power is parallel to and coextensive with the legislative powers of Parliament.2. The President can withdraw an ordinance only on the advice of the council of ministers.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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