The executive can make laws via the ordinance route, as mentioned in ...
Explanation:
The correct option is D i.e. None of the above statements are correct. Let's understand why:
1. Ordinances can only be made from subjects in the Union List by the Union executive: This statement is incorrect because ordinances can be made on subjects in all three lists i.e. Union List, State List, and Concurrent List. However, the President cannot promulgate an ordinance on a matter that falls under the State List without the prior recommendation of the concerned state government.
2. All ordinances made by the state executive are null and void if made without the President's prior recommendation: This statement is also incorrect because the state executive cannot make ordinances. Only the Governor can promulgate an ordinance on matters that fall under the State List, but only when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.
Therefore, both statements are incorrect.
Conclusion:
Ordinances are temporary laws that can be made by the President or the Governor when the Parliament or state legislature is not in session. They can be made on subjects in all three lists. However, the President cannot promulgate an ordinance on a matter that falls under the State List without the prior recommendation of the concerned state government. Similarly, the Governor can promulgate an ordinance on matters that fall under the State List, but only when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.
The executive can make laws via the ordinance route, as mentioned in ...
Article 123 deals with the ordinance making power of the President. President has many legislative powers and this power is one of them. Article 123 of the Constitution grants the President certain law making powers to promulgate Ordinances when either of the two Houses of Parliament is not in session and hence it is not possible to enact laws in the Parliament