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With reference to the Ordinance making power of the President of India, consider the following statements:
1. The Ordinances have the same force and effect as an Act of the Parliament, but are in the nature of temporary laws.
2. The power of the President to legislate by Ordinance is a parallel power of legislation.
3. The maximum life of an Ordinance can be one year, in case of non-approval by the Parliament.
4. The power to promulgate Ordinances is a discretionary power of the President.
How many of the above statements is/are correct?
- a)Only one
- b)Only two
- c)Only three
- d)All four
Correct answer is option 'A'. Can you explain this answer?
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With reference to the Ordinance making power of the President of India...
- Article 123 of the Indian Constitution empowers the President to promulgate Ordinances during the recess of the Parliament. These Ordinances have the same force and effect as an Act of Parliament, but are in the nature of temporary laws.
- The President can promulgate an Ordinance only when both the Houses of the Parliament are not in session, or when either of the two Houses of the Parliament is not in session. An Ordinance can also be issued when only one House is in session, because a law can be passed by both the Houses and not by one House alone. An Ordinance made when both the Houses are in session is void.
- An Ordinance is subject to the same constitutional limitation as an Act of the Parliament. Hence, an Ordinance cannot abridge or take away any of the Fundamental Rights.
- If the Parliament takes no action at all, the Ordinance ceases to operate on the expiry of six weeks from the reassembly of the Parliament.
- If the Houses of the Parliament are summoned to re-assemble 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 the Parliament).
- The President can also withdraw an Ordinance at any time. However, his power of Ordinance-making is not a discretionary power, and he can promulgate or withdraw an Ordinance only on the advice of the Council of Ministers, headed by the Prime Minister. · The power of the President to legislate by Ordinance is not a parallel power of legislation.
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With reference to the Ordinance making power of the President of India, consider the following statements:1. The Ordinances have the same force and effect as an Act of the Parliament, but are in the nature of temporary laws.2. The power of the President to legislate by Ordinance is a parallel power of legislation.3. The maximum life of an Ordinance can be one year, in case of non-approval by the Parliament.4. The power to promulgate Ordinances is a discretionary power of the President.How many of the above statements is/are correct?a)Only oneb)Only twoc)Only threed)All fourCorrect answer is option 'A'. Can you explain this answer?
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