Political Science · Indian Polity
Which of these is/are correct about provisions related to ordinances in the Indian Constitution?
- 1. An ordinance can be promulgated only when both Houses of Parliament are not in session
- 2. The President has power under Article 123 to issue ordinances which have the effect of law
- 3. The Governor has power under Article 213 to issue ordinances in the State
- 4. An ordinance must be laid before both Houses and ceases to operate six weeks from the reassembly of Parliament if not passed
- 5. The maximum tenure of an ordinance is six months
A1, 2 and 3
B1 and 2
C1, 2, 3, 4 and 5
D1, 2, 3 and 4 ✓ Correct
Correct answer: (D) 1, 2, 3 and 4 — Items 1, 2, 3 and 4 are correct, so the answer is 1, 2, 3 and 4.
Explanation
★Items 1, 2, 3 and 4 are correct, so the answer is 1, 2, 3 and 4.
★An ordinance can be issued only when both Houses, or the relevant House, are not in session.
★The President issues ordinances under Article 123 and the Governor under Article 213.
★An ordinance must be laid before the legislature and lapses six weeks after it reassembles, if not approved.
★Item 5 is wrong, because the maximum life of an ordinance is six months plus six weeks.
★This six months and six weeks comes from the gap rule between sessions plus the six-week period.
★So only the bare six-month figure understates the true maximum tenure.
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