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Consider the following statements.
1. The Constitution permits the Central government to make laws when Parliament is not in session.
2. An ordinance can be re-promulgated only twice.
3. Governor of a state can issue ordinances only with the approval of the President.
Which of the above statements is/are incorrect?
- a)2 only
- b)3 only
- c)2, 3
- d)1, 2, 3
Correct answer is option 'C'. Can you explain this answer?
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Verified Answer
Consider the following statements.1. The Constitution permits the Cent...
The Constitution permits the central and State governments to make laws when Parliament (or the State Legislature) is not in session. The Constitution states that the ordinance will lapse at the end of six weeks from the time Parliament (or the State Legislature) next meets.
An ordinance can be re-promulgated only thrice. The governor of a state can also issue ordinances under Article 213 of the Constitution of India, when the state legislative assembly is not in session.
Most Upvoted Answer
Consider the following statements.1. The Constitution permits the Cent...
Incorrect statements regarding the ordinances in the Indian Constitution are:
2. An ordinance can be re-promulgated only twice.
3. Governor of a state can issue ordinances only with the approval of the President.
Explanation:
1. The Constitution permits the Central government to make laws when Parliament is not in session:
This statement is correct. Article 123 of the Indian Constitution empowers the President to promulgate ordinances during the recess of Parliament. This power is available to the President only when both Houses of Parliament are not in session. The ordinance-making power is available to the President only when he is satisfied that the circumstances exist that require the immediate action of the government.
2. An ordinance can be re-promulgated only twice:
This statement is incorrect. There is no limit on the number of times an ordinance can be re-promulgated. However, the Constitution requires that every ordinance promulgated by the President should be laid before both Houses of Parliament at the earliest opportunity. If the ordinance is not approved by both Houses, it will cease to operate.
3. Governor of a state can issue ordinances only with the approval of the President:
This statement is also incorrect. The Governor of a state can issue ordinances only on the advice of the Council of Ministers headed by the Chief Minister. The President's approval is not required for issuing an ordinance by the Governor. However, every ordinance issued by the Governor must be laid before the state Legislative Assembly, which can approve, disapprove or modify it.
Conclusion:
Hence, the correct answer is option (C) 2, 3.
2. An ordinance can be re-promulgated only twice.
3. Governor of a state can issue ordinances only with the approval of the President.
Explanation:
1. The Constitution permits the Central government to make laws when Parliament is not in session:
This statement is correct. Article 123 of the Indian Constitution empowers the President to promulgate ordinances during the recess of Parliament. This power is available to the President only when both Houses of Parliament are not in session. The ordinance-making power is available to the President only when he is satisfied that the circumstances exist that require the immediate action of the government.
2. An ordinance can be re-promulgated only twice:
This statement is incorrect. There is no limit on the number of times an ordinance can be re-promulgated. However, the Constitution requires that every ordinance promulgated by the President should be laid before both Houses of Parliament at the earliest opportunity. If the ordinance is not approved by both Houses, it will cease to operate.
3. Governor of a state can issue ordinances only with the approval of the President:
This statement is also incorrect. The Governor of a state can issue ordinances only on the advice of the Council of Ministers headed by the Chief Minister. The President's approval is not required for issuing an ordinance by the Governor. However, every ordinance issued by the Governor must be laid before the state Legislative Assembly, which can approve, disapprove or modify it.
Conclusion:
Hence, the correct answer is option (C) 2, 3.
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Consider the following statements.1. The Constitution permits the Central government to make laws when Parliament is not in session.2. An ordinance can be re-promulgated only twice.3. Governor of a state can issue ordinances only with the approval of the President.Which of the above statements is/are incorrect?a)2 onlyb)3 onlyc)2, 3d)1, 2, 3Correct answer is option 'C'. Can you explain this answer?
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