📘 IAS Prelims 2025 — GS-I Q.51 | Classroom Explanation

(Polity | Ordinance-making Power)

📌 Question

Q.51) 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

🧑‍🏫 Classroom Explanation

This is a high-value Polity question testing clarity on the scope and limits of Ordinance-making power under the Constitution.

🔍 Constitutional Background

• Article 123 → President’s Ordinance-making power
• Article 213 → Governor’s Ordinance-making power
• Ordinances are issued when Legislature is not in session
• They have the same force and effect as an Act of Parliament or State Legislature

🔍 Statement-wise Analysis

✅ Statement I: Correct

• An Ordinance has the same force as an Act
• Therefore, it can:

• Amend
• Repeal
• Replace
  existing Central Acts

📌 Subject to:

• Legislative competence
• Constitutional limitations

➡️ Hence, Statement I is correct.

❌ Statement II: Incorrect

• Ordinances are “law” under Article 13
• Article 13(2) clearly states:

The State shall not make any law which takes away or abridges Fundamental Rights.

• Since an Ordinance is law:

• It cannot violate or abridge Fundamental Rights

➡️ Hence, Statement II is not correct.

✅ Statement III: Correct

• The Ordinance-making power is co-extensive with legislative power
• Legislature can make retrospective laws (except criminal laws)

📌 Important Exception:
• Article 20(1) prohibits:

• Retrospective criminal liability
• Retrospective penalties

• Supreme Court has held that:

• Ordinances can also have retrospective effect, subject to constitutional limits

➡️ Hence, Statement III is correct.

🧮 UPSC-Style Elimination Table

➡️ Correct combination: I and III only

🎯 Final Answer

✅ Correct Answer: (c) I and III only

📦 High-Value Prelims Add-Ons (Info Box)

🧠 One-Line Memory Hook

Ordinance = Act-like power, but never above Fundamental Rights.

⚠️ UPSC Trap Alert

• UPSC often traps with:

• “Same force as Act” ≠ “Unlimited power”
  • Fundamental Rights always act as a constitutional firewall

🔗 Judicial Link (Optional Recall)

• DC Wadhwa Case → misuse of Ordinance power
• Krishna Kumar Singh Case (2017) → limits on re-promulgation