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
Correct answer
Explanation
The correct answer is C, I and III only. An ordinance has the same force as an Act of Parliament, so it can amend a central law and can be retrospective, but like any law it cannot take away a Fundamental Right.
Under Article 123 the President can issue an ordinance when either House of Parliament is not in session and immediate action is needed; it must be laid before Parliament and lapses six weeks after Parliament reassembles unless approved. Because it is treated as a law, it can amend or repeal any Act of Parliament or another ordinance, and, like a parliamentary Act, it can be given effect from an earlier date. But Article 13 includes ordinances within the meaning of law, so an ordinance that abridges or takes away a Fundamental Right is void to that extent. It also cannot amend the Constitution.
A and D are wrong: they include statement II, which is false.
B is wrong: it includes II and leaves out I, which is correct.
Exam tip: ordinance = Article 123 (President), Article 213 (Governor); same force as an Act; can be retrospective; cannot amend the Constitution or abridge Fundamental Rights.
Practice Questions
View allWhich one of the following States does not find a mention in Article 371 of the Constitution of India?
- A.Maharashtra
- B.Madhya Pradesh
- C.Gujarat
- D.Karnataka
Show answer
Article 371 and its sub-articles make special provisions for several States, but Madhya Pradesh is not one of them.
Read the full explanation →Which of the following is/are correct in relation to the Panchayats?
1. Only the Parliament may endow Panchayats with powers and authority.
2. A State may devolve powers to Panchayats in preparation of plans for economic development and social justice.
3. A State may devolve powers to Panchayats in implementation of schemes for economic development and social justice.
Select the correct answer using the code given below:
- A.1 only
- B.1 and 3
- C.2 and 3
- D.3 only
Show answer
Under Article 243G, it is the Legislature of a State, not Parliament, that may by law give Panchayats powers to prepare plans and to carry out schemes for economic development and social justice.
Read the full explanation →Which one of the following Committees of the Parliament has no Members from the Rajya Sabha?
- A.Public Accounts Committee
- B.Committee on Public Undertakings
- C.Estimates Committee
- D.Departmentally Related Standing Committee (DRSC) on Finance
Show answer
All 30 members of the Estimates Committee are elected by the Lok Sabha from among its own members; the Rajya Sabha has no place on it.
Read the full explanation →Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled Tribes in India :
1. Provisions regarding the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are given in the Fifth Schedule of the Constitution of India.
2. Some tribes of India are entitled to exemption from paying Income Tax on certain incomes.
3. The Constitution of India provides for reservation of seats in Panchayats for women belonging to the Scheduled Castes and the Scheduled Tribes.
Which one of the following conclusions based on the above statements is correct ?
- A.There are two correct statements, that include statement 2.
- B.There are two correct statements, that are statements 1 and 3.
- C.There is only one correct statement.
- D.All three statements are correct.
Show answer
Statements 2 and 3 are correct, while statement 1 confuses the Fifth Schedule with the Sixth. The tribal areas of Assam, Meghalaya, Tripura and Mizoram are governed under the Sixth Schedule (Articles 244(2) and 275(1)), which sets up autonomous district councils.
Read the full explanation →Democracy's superior virtue lies in the fact that it calls into activity
- A.the intelligence and character of ordinary men and women.
- B.the methods for strengthening executive leadership.
- C.a superior individual with dynamism and vision.
- D.a band of dedicated party workers.
Show answer
Democracy rests on the idea that ordinary citizens are capable of judging public matters and taking part in their own government.
Read the full explanation →