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Consider the following statements regarding the ordinance making power of the President:
The satisfaction of the President to issue an ordinance is final and can not be challenged in court.
An ordinance issued by the President must be passed by the Parliament w ithin six weeks from the issuing date.
Which of the statements given above is/are correct
- a)I only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
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Verified Answer
Consider the following statements regarding the ordinance making powe...
o Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action.
o In Cooper case (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide. This means that the decision of the President to issue an ordinance can be questioned in a court on the ground that the President has prorogued one House or both Houses of Parliament deliberately with a view to promulgate an ordinance on a controversial subject, so as to bypass the parliamentary decision and thereby circumventing the authority of the Parliament, o The 38th Constitutional Amendment Act of 1975 made the President’s satisfaction final and conclusive and beyond judicial review. But, this provision was deleted by the 44th Constitutional Amendment Act of 1978. Thus, the President’s satisfaction is justifiable on the ground of malafide. Hence statement 1 is not correct.
o Every ordinance issued by the President during the recess of parliament must be laid before both the Houses of Parliament when it reassembles. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the reassembly of Parliament.
o The ordinance may also cease to operate even earlier than the prescribed six weeks if both the Houses of Parliament pass resolutions disapproving it. If the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks is calculated from the later of those dates. This means that the maximum life of an ordinance can be six months and six weeks, in case of non-approval by the Parliament (six months being the maximum gap between the two sessions of Parliament). If an ordinance is allowed to lapse without being placed before Parliament, then the acts done and completed under it, before it ceases to operate, remain fully valid and effective.Hence statement 2 is not correct.
Most Upvoted Answer
Consider the following statements regarding the ordinance making powe...
Statement Analysis:
Statement 1: The satisfaction of the President to issue an ordinance is final and cannot be challenged in court.
- This statement is correct. The President has the discretionary power to issue an ordinance, and the satisfaction of the President in this regard is considered final and cannot be questioned or challenged in court.
Statement 2: An ordinance issued by the President must be passed by the Parliament within six weeks from the issuing date.
- This statement is incorrect. An ordinance issued by the President does not need to be passed by Parliament within a specific timeframe. However, for the ordinance to become a law, it must be approved by Parliament within six weeks of its reassembly.
Therefore, the correct answer is option 'D' - Neither 1 nor 2.
Statement 1: The satisfaction of the President to issue an ordinance is final and cannot be challenged in court.
- This statement is correct. The President has the discretionary power to issue an ordinance, and the satisfaction of the President in this regard is considered final and cannot be questioned or challenged in court.
Statement 2: An ordinance issued by the President must be passed by the Parliament within six weeks from the issuing date.
- This statement is incorrect. An ordinance issued by the President does not need to be passed by Parliament within a specific timeframe. However, for the ordinance to become a law, it must be approved by Parliament within six weeks of its reassembly.
Therefore, the correct answer is option 'D' - Neither 1 nor 2.
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Consider the following statements regarding the ordinance making power of the President: The satisfaction of the President to issue an ordinance is final and can not be challenged in court. An ordinance issued by the President must be passed by the Parliament w ithin six weeks from the issuing date. Which of the statements given above is/are correcta)I onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements regarding the ordinance making power of the President: The satisfaction of the President to issue an ordinance is final and can not be challenged in court. An ordinance issued by the President must be passed by the Parliament w ithin six weeks from the issuing date. Which of the statements given above is/are correcta)I onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. 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 Consider the following statements regarding the ordinance making power of the President: The satisfaction of the President to issue an ordinance is final and can not be challenged in court. An ordinance issued by the President must be passed by the Parliament w ithin six weeks from the issuing date. Which of the statements given above is/are correcta)I onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding the ordinance making power of the President: The satisfaction of the President to issue an ordinance is final and can not be challenged in court. An ordinance issued by the President must be passed by the Parliament w ithin six weeks from the issuing date. Which of the statements given above is/are correcta)I onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?.
Consider the following statements regarding the ordinance making power of the President: The satisfaction of the President to issue an ordinance is final and can not be challenged in court. An ordinance issued by the President must be passed by the Parliament w ithin six weeks from the issuing date. Which of the statements given above is/are correcta)I onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. 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 Consider the following statements regarding the ordinance making power of the President: The satisfaction of the President to issue an ordinance is final and can not be challenged in court. An ordinance issued by the President must be passed by the Parliament w ithin six weeks from the issuing date. Which of the statements given above is/are correcta)I onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding the ordinance making power of the President: The satisfaction of the President to issue an ordinance is final and can not be challenged in court. An ordinance issued by the President must be passed by the Parliament w ithin six weeks from the issuing date. Which of the statements given above is/are correcta)I onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?.
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