Indian Polity • Parliament & ExecutiveHard
Examine the constitutional dynamics concerning the President's Ordinance-making power under Article 123. Which of the following statements is legally accurate regarding ordinances promulgated when Parliament is in recess and affecting national schemes implemented in Kerala?
A. An ordinance has the same force and effect as an Act of Parliament but must be approved by both Houses within six weeks of reassembly.✓ Correct Answer
B. An ordinance is permanent unless explicitly repealed by the Supreme Court of India.
C. An ordinance can alter the basic structure of the Constitution without parliamentary ratification.
D. An ordinance does not require the advice of the Union Council of Ministers if promulgated during a state emergency.
💡 Solution & Explanation
Article 123 grants the President ordinance-making powers when Parliament is not in session, possessing the same force as parliamentary statutes but requiring approval within six weeks of reassembly. Such executive decrees lapse automatically if rejected by either House or if Parliament fails to pass enabling legislation within the stipulated period. This temporary legislative tool is strictly subject to judicial review regarding constitutional compliance.
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