With reference to the Indian polity, consider the following statements:An Ordinance can amend any Ce

Question

With reference to the Indian polity, consider the following statements:An Ordinance can amend any Central Act.An Ordinance can abridge a Fundamental Right.An Ordinance can come into effect from a back dateWhich of the statements given above is/are correct?

Accepted Answer

An Ordinance issued under Article 123 (by the President) or Article 213 (by the Governor) has the same force and effect as an Act of Parliament or State Legislature. It can amend or repeal existing laws, subject to constitutional limits and legislative competence. Hence, statement I is correct. Ordinances are "law" under Article 13 and must conform to the Fundamental Rights enshrined in Part III. Since Article 13(2) prohibits the State from making laws that infringe Fundamental Rights, an Ordinance cannot violate them. Hence, statement II is not correct. Legislative power, whether through an Act or an Ordinance, generally includes the power of retrospective legislation—except in the case of criminal laws, where Article 20(1) prohibits retrospective penalties. The Supreme Court has affirmed that the Ordinance-making power is co-extensive with legislative power. Hence, statement III is correct.