Which reference to the Indian polity, consider the following statements : I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamental Right. III. An Ordinance can come into effect from a back date. Which of the statements given above are correct?

1. A. I and II only
2. B. II and III only
3. C. I and III only
4. D. I, II and III

Answer: C

Explanation

I. An Ordinance can amend any Central Act. This is correct. An Ordinance, issued by the President under Article 123 or Governor under Article 213, has the same force and effect as an Act of Parliament or State Legislature, respectively. It can therefore amend or repeal existing laws, including Central Acts, subject to constitutional limitations. II. An Ordinance can abridge a Fundamental Right. This is incorrect. An Ordinance is considered ‘law’ under Article 13 of the Constitution. Therefore, it cannot violate or abridge any Fundamental Right, just as an Act of Parliament cannot. Any Ordinance that abridges a Fundamental Right would be unconstitutional. III. An Ordinance can come into effect from a back date. This is correct. The power to make laws includes the power to make them with retrospective effect (from a past date), provided it does not violate constitutional provisions (e.g., Article 20(1) regarding criminal laws). The Supreme Court has affirmed that the Ordinance-making power is co-extensive with legislative power, including the ability to be retrospective. Therefore, statements I and III are correct. The President’s ordinance-making power is a crucial aspect of UPSC Polity & Governance.