With reference to Ordinance, which of the following statements is incorrect?a)Ordinance can be challenged in a court of law under Article 13 of Constitution.b)Governor of States cannot bring Ordinance on any subject without the advice of the council of ministers headed by the chief minister.c)Recently, the salaries and allowances of political and permanent executives were reduced by passing an Ordinance.d)The successive re- promulgation of Ordinance threatens the principle of separation of power.Correct answer is option 'C'. Can you explain this answer?

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With reference to Ordinance, which of the following statements is incorrect?

a)
Ordinance can be challenged in a court of law under Article 13 of Constitution.
b)
Governor of States cannot bring Ordinance on any subject without the advice of the council of ministers headed by the chief minister.
c)
Recently, the salaries and allowances of political and permanent executives were reduced by passing an Ordinance.
d)
The successive re- promulgation of Ordinance threatens the principle of separation of power.

Correct answer is option 'C'. Can you explain this answer?

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With reference to Ordinance, which of the following statements is inc...

Option a is correct. Article 13 provides that if any law, rule or an ordinance violates the provisions of the fundamental rights then the Supreme Court can declare it unconstitutional and void. Hence, it provides that Ordinance can be challenged in a court of law.

Option b is correct. Article 163 states that the Governor shall work in aid and advice of the council of ministers. Hence. any decisions be it related to law, rules or ordinance, the governor shall take only on the advice of council of ministers. Ordinance is introduced when the house is not in session but there is urgency to bring the particular ordinance. A House is not session does not mean that the Government is not functional.

Option c is incorrect. The salaries and allowances of permanent executives cannot be changed through Ordinance. However, the salaries and allowances of political executive and legislatures can be changed just by passing an ordinance. The salaries and allowances of political legislatures and executives are decided by Salaries, allowances and pensions of Member of Parliament act 1963. Hence, it can be amended through Ordinance only. However, the salaries of Permanent executives are not decided by any act. Hence, it can be changed only when there is a financial emergency.

Option d is correct. Ordinance making power provides executives the power of law making. It subverts the separation of power under Parliamentary form of government. Hence, Ordinance was introduced under Article 123 to ensure that the needs of extreme urgency can be fulfilled. Relying on Ordinance by repromulgation defeats the purpose of separation of power. The Supreme court in Krishna Kumar Singh judgement held that successive re-promulgation of Ordinance is an act of fraud on the Constitution.

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With reference to Ordinance, which of the following statements is incorrect?a)Ordinance can be challenged in a court of law under Article 13 of Constitution.b)Governor of States cannot bring Ordinance on any subject without the advice of the council of ministers headed by the chief minister.c)Recently, the salaries and allowances of political and permanent executives were reduced by passing an Ordinance.d)The successive re- promulgation of Ordinance threatens the principle of separation of power.Correct answer is option 'C'. Can you explain this answer?

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With reference to Ordinance, which of the following statements is incorrect?a)Ordinance can be challenged in a court of law under Article 13 of Constitution.b)Governor of States cannot bring Ordinance on any subject without the advice of the council of ministers headed by the chief minister.c)Recently, the salaries and allowances of political and permanent executives were reduced by passing an Ordinance.d)The successive re- promulgation of Ordinance threatens the principle of separation of power.Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Ordinance, which of the following statements is incorrect?a)Ordinance can be challenged in a court of law under Article 13 of Constitution.b)Governor of States cannot bring Ordinance on any subject without the advice of the council of ministers headed by the chief minister.c)Recently, the salaries and allowances of political and permanent executives were reduced by passing an Ordinance.d)The successive re- promulgation of Ordinance threatens the principle of separation of power.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Ordinance, which of the following statements is incorrect?a)Ordinance can be challenged in a court of law under Article 13 of Constitution.b)Governor of States cannot bring Ordinance on any subject without the advice of the council of ministers headed by the chief minister.c)Recently, the salaries and allowances of political and permanent executives were reduced by passing an Ordinance.d)The successive re- promulgation of Ordinance threatens the principle of separation of power.Correct answer is option 'C'. Can you explain this answer?.

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