UPSC Prelims 2002 Q88: Indian Polity – Union & State Executive

UPSC Prelims 2002, General Studies Paper I · Indian Polity

1. (a) Planning Commission is accountable to Parliament
2. (b) President can make ordinance only when either of the two Houses of Parliament is not in session
3. (c) The minimum age prescribed for appointment as a Judge of the Supreme Court is 40 years
4. (d) National Development Council is constituted of Union Finance Minister and the Chief Ministers of all the States

Answer: (b) President can make ordinance only when either of the two Houses of Parliament is not in session

Explanation

Statements on Indian polity

Under Article 123 the President may promulgate an ordinance when Parliament is not in session, that is, when either House is not in session. The other statements are wrong on the Planning Commission, the age for Supreme Court judges and the composition of the NDC.

Answer: (b) President can make ordinance only when either of the two Houses of Parliament is not in session.

Why each option is right or wrong

• (a) Incorrect. The Planning Commission was not accountable to Parliament.
• (b) CORRECT. Article 123 allows ordinances when either House is not in session.
• (c) Incorrect. The Constitution prescribes no minimum age for a Supreme Court judge.
• (d) Incorrect. The NDC includes the Prime Minister and other members.

Key point

Ordinance: Article 123 (President), Article 213 (Governor); must be laid before Parliament within six weeks of reassembly.

Remember

Ordinance power: Article 123, when Parliament is not in session.

Common mistakes

• Believing that a minimum age of 40 is fixed for judges.
• Dropping the Prime Minister from the NDC.
• Thinking an ordinance needs both Houses to be in recess.

Exam tip

Only the ordinance statement matches a clear constitutional article.

Sources

• Constitution of India — Articles 123, 124
• M. Laxmikanth — Indian Polity

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