UPSC Prelims 2025 Q51: Indian Polity – Constitutional Provisions
With 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?
- (a) I and II only
- (b) II and III only
- (c) I and III only
- (d) I, II and III
Answer: (c) I and III only
Explanation
What an Ordinance can and cannot do
Under Article 123, an Ordinance has the same force as an Act of Parliament.
So it carries the same powers and the same limits.
| Statement | Verdict | Reason |
|---|---|---|
| I. An Ordinance can amend any Central Act | Correct | It can amend or repeal any Act |
| II. An Ordinance can abridge a Fundamental Right | Incorrect | Article 13 treats an Ordinance as 'law'; a law that abridges Fundamental Rights is void |
| III. An Ordinance can come into effect from a back date | Correct | Like an Act, it can be retrospective |
Rules on Ordinances:
| Rule | Detail |
|---|---|
| When | Only when both Houses are not in session together |
| Life | Lapses six weeks after Parliament reassembles; maximum about six months and six weeks |
| Cannot | Amend the Constitution |
| Courts | Repeated re-promulgation is a fraud on the Constitution (D.C. Wadhwa, 1986; Krishna Kumar Singh, 2017) |
Answer: (c) I and III only.
Why each option is right or wrong
- (a) Incorrect. Statement II is false; an Ordinance cannot abridge a Fundamental Right.
- (b) Incorrect. Statement II is false, and statement I is true.
- (c) CORRECT. An Ordinance can amend any Central Act and can apply from a back date.
- (d) Incorrect. An Ordinance is 'law' under Article 13, so it cannot abridge Fundamental Rights.
Key point
Ordinance (Article 123): same force as an Act; can amend Acts and be retrospective; cannot abridge Fundamental Rights or amend the Constitution; lapses six weeks after Parliament meets.
Remember
Ordinance = Act: can amend, can backdate, cannot touch Fundamental Rights.
Common mistakes
- Thinking an Ordinance is weaker than an Act in what it can do.
- Forgetting that Article 13 covers Ordinances too.
- Believing an Ordinance can amend the Constitution.
Exam tip
An Ordinance can do whatever an Act can do, and nothing an Act cannot.
Sources
- Constitution of India — Articles 13 and 123
- Krishna Kumar Singh v. State of Bihar (Supreme Court of India, 2017)