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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 any number of times.
3. Governor of a state can issue ordinances only with the approval of the President.
Which of the above statements is/are correct?
- a)1 only
- b)1, 3
- c)1, 2
- d)1, 2, 3
Correct answer is option 'A'. 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...
The correct answer is option 'A' - 1 only.
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. An ordinance is a temporary law that has the same force and effect as an Act of Parliament. It can be issued when both Houses of Parliament are not in session and there is an urgent need to legislate on a matter.
2. An ordinance can be re-promulgated any number of times.
- This statement is incorrect. The Constitution does not specify the number of times an ordinance can be re-promulgated. However, the Supreme Court, in the case of D.C. Wadhwa v. State of Bihar (1987), held that the re-promulgation of ordinances is a "fraud on the Constitution" and a "subversion of democratic legislative processes." The court stated that the power to promulgate ordinances should be used sparingly and only in exceptional circumstances.
3. Governor of a state can issue ordinances only with the approval of the President.
- This statement is incorrect. The Governor of a state has the power to issue ordinances under Article 213 of the Indian Constitution. The Governor can issue ordinances when the state legislative assembly is not in session and there is an urgent need to legislate on a matter. The approval of the President is not required for the issuance of state ordinances.
In conclusion, only statement 1 is correct, as the Constitution permits the Central government to make laws when Parliament is not in session. The other statements are incorrect, as an ordinance cannot be re-promulgated any number of times, and the Governor of a state can issue ordinances without 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. An ordinance is a temporary law that has the same force and effect as an Act of Parliament. It can be issued when both Houses of Parliament are not in session and there is an urgent need to legislate on a matter.
2. An ordinance can be re-promulgated any number of times.
- This statement is incorrect. The Constitution does not specify the number of times an ordinance can be re-promulgated. However, the Supreme Court, in the case of D.C. Wadhwa v. State of Bihar (1987), held that the re-promulgation of ordinances is a "fraud on the Constitution" and a "subversion of democratic legislative processes." The court stated that the power to promulgate ordinances should be used sparingly and only in exceptional circumstances.
3. Governor of a state can issue ordinances only with the approval of the President.
- This statement is incorrect. The Governor of a state has the power to issue ordinances under Article 213 of the Indian Constitution. The Governor can issue ordinances when the state legislative assembly is not in session and there is an urgent need to legislate on a matter. The approval of the President is not required for the issuance of state ordinances.
In conclusion, only statement 1 is correct, as the Constitution permits the Central government to make laws when Parliament is not in session. The other statements are incorrect, as an ordinance cannot be re-promulgated any number of times, and the Governor of a state can issue ordinances without the approval of the President.
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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 any number of times.3. Governor of a state can issue ordinances only with the approval of the President.Which of the above statements is/are correct?a)1 onlyb)1, 3c)1, 2d)1, 2, 3Correct answer is option 'A'. Can you explain this answer?
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