Question 37 from UPSC CSE 2025 - Polity & Governanc e

Question

Which 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?

Accepted Answer

Correct Option: C. I and III only

Strategy: Focus on the scope of Ordinance powers: Statement I—since Ordinances have the same force as normal laws, they can amend Central Acts. Statement II—Fundamental Rights cannot be abridged even by an Ordinance, as it's considered 'law' under Article 13. Statement III—law-making powers include retrospective effect, so Ordinances (except for criminal penalties, per Article 20(1)) can have backdated operation. Thus, Statements I and III are correct.

Key Info: Ordinances in Indian polity are temporary laws issued by the President (Article 123) or Governor (Article 213) when the respective Legislature is not in session. They possess the same force as Parliamentary or State legislative enactments and can amend, repeal, or modify any Central or State Act, provided legislative competence exists. However, as 'law' within Article 13, Ordinances are subject to the Constitution's limits, particularly Fundamental Rights. Article 13(2) prohibits the State from making any law (including Ordinances) that contravenes Fundamental Rights, rendering such provisions void. Ordinances can generally be given retrospective effect—this is constitutionally permissible for civil and tax matters, but not for criminal penalties, due to Article 20(1), which forbids retrospective penal legislation (ex post facto laws). The Supreme Court has consistently reiterated that ordinance-making power is co-extensive with legislative power, subject to fundamental constitutional boundaries. Key cases include RC Cooper v. Union of India (1970) and AK Roy v. Union of India (1982).

Answer

Option A: I and II only

Answer

Option B: II and III only

Answer

Option D: I, II, and III

Which 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?

Which 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?