Authentic Classroom Explanation by IAS Monk

📍 The Question

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: (c) I and III only

🎯 Theme of the Question

Indian Polity
Ordinance-making Power
Articles 123 & 213
Fundamental Rights | Retrospective Legislation

This question tests whether the aspirant understands the true constitutional status of an Ordinance—
equal to law, but not superior to the Constitution.

🧠 Classroom Explanation

Let us examine each statement carefully.

🔹 Statement I ✅

“An Ordinance can amend any Central Act.”

📌 Constitutional Position:

• Ordinances are issued under Article 123 (President) and Article 213 (Governor)
• They have the same force and effect as an Act of Parliament or State Legislature

📌 Implication:

• An Ordinance can:
  • Amend
  • Repeal
  • Modify
    any existing law, including a Central Act
• Subject to:
  • Legislative competence
  • Constitutional limitations

✔️ Therefore, Statement I is correct.

🔹 Statement II ❌

“An Ordinance can abridge a Fundamental Right.”

📌 Key Constitutional Check:

• Article 13(2): The State shall not make any law that takes away or abridges Fundamental Rights
• An Ordinance is “law” within the meaning of Article 13

📌 Judicial Position:

• Ordinances are subject to judicial review
• They cannot violate Part III of the Constitution

❌ Hence, an Ordinance cannot abridge Fundamental Rights

🚫 Statement II is not correct.

🔹 Statement III ✅

“An Ordinance can come into effect from a back date.”

📌 Legal Principle:

• Ordinance-making power is co-extensive with legislative power
• Legislature can enact retrospective laws

📌 Important Limitation:

• Article 20(1) prohibits retrospective criminal punishment
• In non-criminal matters, retrospective operation is allowed

📌 Supreme Court View:

• Ordinances can be retrospective, just like Acts

✔️ Statement III is correct.

📊 Final Assessment

👉 Correct answer: (c) I and III only

🧩 Prelims Trap Alert

• ❌ “Emergency power means unlimited power” → Wrong
• ❌ “Only Parliament can pass retrospective laws” → Wrong
• ✔️ Ordinance = law, but within constitutional boundaries

🧠 One-Line Memory Hook

“Ordinance is as strong as law, but weaker than the Constitution.”

🧭 IAS Monk Whisper

Urgency may justify speed, never constitutional shortcuts.