Question

Consider the following statements regarding ordinances.

1. Article 123 of the Constitution of India grants the President certain law-making powers to promulgate when either of the two Houses of the Parliament is not in session.

2. An ordinance must be converted into legislative within 35 days of the commencement of the Parliament session or else it will lapse.

3. Article 213 of the Constitution of India grants the Governor of India the power to issue ordinances when the state legislature is not in session.

Which of the statements given above is/are correct?

1. Only 1 and 2
2. 1, 2 and 3
3. Only 1 and 3
4. Only 1

Answer 1

Correct Answer - Option 3 : Only 1 and 3

The correct answer is Only 1 and 3.

• Ordinance Making Power of the President (Article 123)
  • Article 123 of the Constitution of India grants the President certain law-making powers to promulgate when either of the two Houses of the Parliament is not in session. Hence statement 1 is correct.
  •  An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance –
    • shall be la id before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, of before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
    • may be withdrawn at any time by the President. Hence stat ement 2 is incorrect.
  • Article 213 of the Constitution of India grants the Governor of India the power to issue ordinances when the state legislature is not in session. Hence statement 3 is correct.

• The President of India is elected by indirect election, As far as practicable, there shall be uniformity of representation of the different States at the election, according to the population and the total number of elected members of the Legislative Assembly of each State, and parity shall also be maintained between the States as a whole and the Union [Art. 55].
• This second condition seeks to ensure that the votes of the States, in the aggregate, in the electoral college for the election of the President, shall be equal to that of the people of the country as a whole.
  • In this way, the President shall be a representative of the nation as wen as a representative of the people In the different States.
  • It also gives recognition to the status of the States in the federal system.​
• The President's office may terminate within the term of five years In either of two ways-
  • By resignation In writing under his hand addressed to the Vice President of India
  • By removal for violation of the Constitution, by the process of impeachment [Art. 56].