CAPF AC 2020 Q83: Indian Polity – Union & State Executive
Which of the following statement(s) regarding promulgation of ordinance is/are correct?
1. President can promulgate ordinances which are of temporary duration
2. An ordinance promulgated by the President has to be ratified by Parliament within six weeks of its re-assembly
Select the correct answer using the code given below:
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (c) Both 1 and 2
Explanation
Ordinance power of the President (Article 123)
How to think: an ordinance is a stop-gap law.
It is made when Parliament is not sitting, so it must be temporary.
Parliament must then approve it soon after it meets.
| Statement | Verdict | Fact |
|---|---|---|
| 1. President can promulgate ordinances which are of temporary duration | Correct | Article 123; same force as an Act, but temporary |
| 2. It has to be ratified by Parliament within six weeks of its re-assembly | Correct | It ceases to operate six weeks after Parliament reassembles unless approved |
Facts on ordinances:
| Point | Detail |
|---|---|
| When | When both Houses, or either House, are not in session |
| Who decides | The President, on the advice of the Council of Ministers |
| Longest life | Six months and six weeks |
| Withdrawal | The President can withdraw it at any time |
| Governor's power | Article 213 |
Answer: (c) Both 1 and 2.
Why each option is right or wrong
- (a) Incorrect. Statement 2 is also right; the ordinance lapses six weeks after reassembly unless approved.
- (b) Incorrect. Statement 1 is also right; an ordinance is a temporary law.
- (c) CORRECT. An ordinance is temporary and needs Parliament's approval within six weeks of reassembly.
- (d) Incorrect. Both statements follow from Article 123.
Key point
Article 123: President's ordinance when Parliament is not in session; same force as an Act; lapses six weeks after reassembly unless approved; longest life six months and six weeks. Governor: Article 213.
Remember
Ordinance: Article 123, temporary, six weeks after Parliament reassembles.
Common mistakes
- Counting the six weeks from the date of the ordinance; it runs from the reassembly of Parliament.
- Thinking the President acts on personal wish; the Council of Ministers advises.
- Mixing up Article 123 (President) with Article 213 (Governor).
Exam tip
Learn one number: six weeks from reassembly. Add the six-month gap between sessions and you get the longest life.
Sources
- Constitution of India — Articles 123 and 213
- M. Laxmikanth — Indian Polity, chapter on the President (ordinance-making power)