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Prelims 2025 · Q51 · Ordinances & emergency

With reference to the Indian polity, consider the following statements :

  1. I.An Ordinance can amend any Central Act.
  2. II.An Ordinance can abridge a Fundamental Right.
  3. III.An Ordinance can come into effect from a back date.

Which of the statements given above are correct?

Show answer

Answer: C. Statement I is correct: an Ordinance under Article 123 has the same force as an Act of Parliament, so it can amend or repeal a Central Act. Statement II is wrong: Article 13(3) counts an Ordinance as 'law', so it cannot take away or abridge Fundamental Rights. Statement III is correct: like a law of Parliament, an Ordinance can be made to apply retrospectively. So I and III are correct.

Watch for: Students assume an Ordinance, being temporary, cannot be retrospective, or that it is above Article 13.

Why the other options are wrong
  • A. Statement II is wrong, because an Ordinance is 'law' under Article 13 and cannot abridge Fundamental Rights.
  • B. Statement II is wrong, and Statement I (amending a Central Act) is actually correct.
  • D. Statement II is wrong, so all three cannot be correct.

Source to check: Constitution of India, Articles 13(3)(a) and 123; NCERT Class XI 'Indian Constitution at Work'

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.