Consider the following statements regarding the cessation of an ordinance:
1. Once Parliament rejects a Bill replacing an ordinance, the ordinance continues to operate for the remainder of its six-week validity period.
2. An ordinance promulgated by the Governor regarding a subject in the Concurrent List cannot override an existing central law on the same subject under any circumstances.
3. The ordinance-making power of the President is explicitly mentioned as a judicial power in the Constitution.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because if both Houses pass resolutions disapproving the ordinance, it ceases to operate immediately. Statement 2 is incorrect because a Governor's ordinance on a concurrent list subject can override a central law if it was promulgated with the previous instructions of the President. Statement 3 is incorrect because the ordinance-making power is a legislative power, not a judicial power.
Consider the following statements regarding the competence of ordinances:
1. If an ordinance issued by the President conflicts with an existing law enacted by Parliament, the ordinance prevails to the extent of the repugnancy.
2. The Constitution does not prohibit an ordinance from imposing new taxes.
3. The power to issue ordinances is an extraordinary power, not meant to be a substitute for the law-making power of the respective legislatures.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. An ordinance has the exact same force as an Act (hence later-in-time rule applies for repugnancy), it can impose taxes, and it is an emergency mechanism, not a substitute for the legislature.
Consider the following statements regarding ordinances and taxation:
1. Ordinances can be used to amend an ongoing tax collection mechanism and retrospectively validate previously invalid tax assessments.
2. Ordinances can only be issued during a state of emergency proclaimed under Article 352.
3. The 38th Constitutional Amendment Act made the satisfaction of the President in issuing an ordinance subject to the approval of the Supreme Court.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. Statement 2 is incorrect because an ordinance can be issued anytime Parliament is not in session, irrespective of a National Emergency. Statement 3 is incorrect because the 38th Amendment actually made the President's satisfaction final and conclusive, beyond judicial review (this was later reversed by the 44th Amendment).
Consider the following statements regarding the conditions for promulgating an ordinance:
1. The President can promulgate an ordinance only when either of the two Houses of Parliament is not in session or when both Houses are not in session.
2. Every ordinance issued by the President during the recess of Parliament must be laid before both Houses of Parliament when it reassembles.
3. If the two Houses of Parliament reassemble on different dates, the period of six weeks is calculated from the earlier of those dates.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because if the Houses reassemble on different dates, the six-week validity period is calculated from the later of those dates.
Consider the following statements regarding the federal implications of ordinances:
1. The power of the Governor to promulgate ordinances does not extend to the creation of a new All-India Service.
2. An ordinance issued by the President has the exact same constitutional limitations as an Act passed by the Parliament.
3. During a period of National Emergency, the President can issue an ordinance regarding subjects enumerated in the State List.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. Creating an All-India Service is an exclusive power of Parliament (upon Rajya Sabha resolution). Ordinances match Acts in constitutional limits. During an emergency, Parliament's power extends to the State List, thus empowering the President to issue ordinances on those subjects.
Consider the following statements regarding the legal consequences of an ordinance:
1. If an ordinance lapses, all the rights, privileges, and liabilities created under it are automatically extinguished with retrospective effect.
2. The Supreme Court can issue a writ of mandamus to compel the President to promulgate an ordinance in public interest.
3. The ordinance-making power was introduced in India for the first time by the Government of India Act, 1935.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect as rights created by an ordinance do not automatically extinguish; their survival depends on public interest and the nature of rights, as interpreted by the Supreme Court. Statement 2 is incorrect because the court cannot issue a mandamus directing the legislature or executive to enact a law or promulgate an ordinance. Statement 3 is incorrect as the ordinance-making power was first introduced by the Indian Councils Act of 1861.
Consider the following statements regarding parliamentary procedure surrounding ordinances:
1. The Supreme Court has ruled that placing an ordinance before the Parliament is a mandatory constitutional obligation.
2. An ordinance ceases to operate if both Houses pass resolutions disapproving it, and this cessation takes effect from the date the second House passes the resolution.
3. To promulgate an ordinance, the advice of the Prime Minister alone is sufficient, and a formal decision of the Council of Ministers is not required.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because the President acts on the aid and advice of the Council of Ministers (Article 74), not the Prime Minister alone, making the collective decision of the Cabinet necessary.
Consider the following statements regarding special circumstances for promulgating ordinances:
1. The President can promulgate an ordinance even if the Lok Sabha is dissolved, provided the Rajya Sabha is not in session.
2. An ordinance can be used to extend the operation of an existing Act that is about to expire, but it cannot create new penal offences.
3. A money bill cannot be replaced by an ordinance under any circumstances since it deals exclusively with taxation.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. Statement 2 is incorrect because an ordinance can indeed create new penal offences, just like an Act. Statement 3 is incorrect because an ordinance can deal with financial and taxation matters covered under a money bill.
Consider the following statements regarding the President's powers concerning ordinances:
1. The President's power to promulgate an ordinance is a discretionary power that can be exercised even against the advice of the Council of Ministers.
2. The duration of an ordinance is strictly limited to 6 months irrespective of when the Parliament reassembles.
3. A constitutional amendment bill can be introduced in the Parliament to replace an ordinance.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because the President must act on the advice of the Council of Ministers. Statement 2 is incorrect because the maximum life is 6 months and 6 weeks, and it depends on when Parliament reassembles. Statement 3 is incorrect because an ordinance cannot be issued for a constitutional amendment, hence a constitutional amendment bill cannot be a replacement for an ordinance.
Consider the following statements regarding ordinances:
1. The power of the President to promulgate ordinances is a discretionary power.
2. If an ordinance is allowed to lapse without being replaced by an Act, the acts done and completed under it before it ceases to operate become fully invalid.
3. The ordinance-making power of the Governor is wider than the legislative power of the State Legislature.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because the President can issue an ordinance only on the advice of the Council of Ministers. Statement 2 is incorrect because acts done and completed under a lapsed ordinance generally remain valid, though subject to judicial review of public interest (as per the Krishna Kumar Singh case). Statement 3 is incorrect because the Governor's ordinance-making power is co-extensive with the legislative power of the State Legislature.
Consider the following statements regarding structural facts about ordinances:
1. The Supreme Court, in *Krishna Kumar Singh v. State of Bihar*, declared that ordinances are not immune from judicial review and do not automatically confer enduring rights.
2. An ordinance can be issued to alter the tax structure when the Parliament is in recess.
3. If a State Legislature is unicameral, the Governor cannot promulgate an ordinance when the Legislative Assembly is in session.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. The Krishna Kumar Singh judgment clarified the limits of enduring rights and judicial review. Tax structures can be modified via ordinances. A Governor can only issue an ordinance if the legislature (or at least one house of a bicameral legislature) is not in session.
Consider the following statements regarding the promulgation of an ordinance by a State Governor:
1. The Governor of a state can issue an ordinance without the President's instructions even if a bill containing the same provisions requires the President's prior sanction.
2. The maximum life of an ordinance promulgated by the President or Governor is rigidly fixed at exactly 6 months.
3. An ordinance passed by the President automatically becomes an Act of Parliament if it is not disapproved by Parliament within six weeks of reassembly.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because if a Bill requires the President's prior sanction, the Governor cannot issue an ordinance on it without the President's instructions. Statement 2 is incorrect because the maximum life is 6 months and 6 weeks. Statement 3 is incorrect because an ordinance ceases to operate if not explicitly passed as an Act within six weeks; it does not automatically become an Act.
Consider the following statements regarding the President's power to promulgate ordinances:
1. The President's power to issue ordinances is an executive power derived directly from the legislative powers of the Parliament.
2. An ordinance can be promulgated only when both Houses of Parliament are prorogued.
3. The maximum period for which an ordinance can remain in force without parliamentary approval is exactly six months.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because the ordinance-making power is a constitutional legislative power (Article 123), not an executive power derived from Parliament. Statement 2 is incorrect because an ordinance can be issued when either or both Houses are not in session. Statement 3 is incorrect because the maximum validity is six months and six weeks.
Consider the following statements regarding the ordinance-making power of the President:
1. The President can issue an ordinance even when both Houses of Parliament are in session if there is an urgent need.
2. An ordinance can be issued to amend the Constitution under Article 368.
3. The satisfaction of the President to issue an ordinance is completely immune from judicial review.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because an ordinance can only be promulgated when either or both Houses of Parliament are not in session. Statement 2 is incorrect because an ordinance cannot be used to amend the Constitution. Statement 3 is incorrect as the Supreme Court (in R.C. Cooper case) ruled that the President's satisfaction is subject to judicial review on the grounds of malafide.
Consider the following statements regarding the varied uses of ordinances:
1. An ordinance can be promulgated to bring into effect an international treaty when Parliament is not in session.
2. The Parliament cannot modify the terms of an ordinance when it introduces a Bill to replace it; it must either accept or reject it in totality.
3. The Administrator of Puducherry has the power to issue an ordinance even when the Legislative Assembly is in session.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct (Parliament has power over international treaties under Union List, so an ordinance can be issued). Statement 2 is incorrect because Parliament can introduce modifications in the replacing Bill. Statement 3 is incorrect; no executive can issue an ordinance while the corresponding legislature is in session.
Consider the following statements regarding the nature and scope of ordinances:
1. An ordinance can be retrospective in its operation, meaning it can be made effective from a past date.
2. An ordinance cannot be used to alter or amend the tax laws of the country.
3. The power of the President to legislate by ordinance is a parallel power of legislation with the Parliament.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. Statement 2 is incorrect because an ordinance can be used to alter, amend, or even levy taxes. Statement 3 is incorrect as the ordinance-making power is not a parallel power of legislation; it is an extraordinary power to meet an urgent situation when Parliament is not in session.
Consider the following statements regarding the nature of the ordinance power under Article 123:
1. The power to issue ordinances under Article 123 is described as the legislative power of the President.
2. An ordinance is subject to the same constitutional limitations as an Act of Parliament, including the Fundamental Rights under Part III.
3. An ordinance can only be promulgated to deal with situations that pose a direct military threat to the security of India.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because an ordinance can be issued to deal with any emergent situation requiring immediate legislation, not just military threats.
Consider the following statements regarding the historical context and power of ordinances:
1. The practice of promulgating ordinances was completely unknown in India prior to the Government of India Act of 1935.
2. An ordinance can amend the Representation of the People Act, 1951.
3. The President's power to promulgate an ordinance is a legislative power and not an executive one.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 2 and 3 are correct. Statement 1 is incorrect because the power of issuing ordinances was introduced much earlier by the Indian Councils Act of 1861.
Consider the following statements regarding the constitutional placement and history of ordinances:
1. An ordinance cannot be promulgated to amend the Constitution of India.
2. The power to issue ordinances was vested in the Governor-General of India by the Indian Councils Act of 1861.
3. The ordinance-making power of the President is explicitly classified as a 'Special Legislative Power' under Part XI of the Constitution.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because the President's legislative powers (ordinance-making) are located in Part V (Chapter III) of the Constitution, not Part XI (which deals with Centre-State relations).
Consider the following statements regarding the ordinance-making powers of the President and Governor:
1. The Governor of a state can promulgate ordinances relating to subjects in the State List as well as the Concurrent List.
2. The President can withdraw an ordinance only after both Houses of Parliament have passed a resolution requesting him to do so.
3. An ordinance can be used to alter the fundamental rights of citizens during a national emergency.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. Statement 2 is incorrect because the President can withdraw an ordinance at any time on the advice of the Council of Ministers. Statement 3 is incorrect because an ordinance is subject to the same constitutional limitations as an Act and cannot be used to abridge or take away fundamental rights.
Consider the following statements regarding the limitations on the ordinance-making power:
1. The President can issue an ordinance only when he is satisfied that circumstances exist which render it necessary for him to take immediate action.
2. The power to promulgate ordinances is parallel to the legislative power of Parliament regarding the subjects on which laws can be made.
3. An ordinance issued by the President must be laid before both Houses of Parliament when it reassembles.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. The President's subjective satisfaction (on Cabinet advice) is required, the subject matter is coextensive (parallel) with Parliament's competence, and laying it before Parliament is mandatory.
Consider the following statements regarding the legislative equivalence of an ordinance:
1. The Constitution limits the Governor's ordinance-making power by prohibiting its use for Bills that the Governor would be bound to reserve for the consideration of the President.
2. When an ordinance is promulgated, it has the same force and effect as an Act of the Legislature.
3. If a State Legislature is bicameral, an ordinance can be issued by the Governor even when only one House is in session.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. The Governor's power is restricted under Article 213 regarding President's consideration, ordinances have the same legal force as Acts, and the recess of even one House in a bicameral legislature allows the executive to issue an ordinance since both houses must be in session to pass a law.
Consider the following statements regarding the legislative scope of an ordinance:
1. The President's power to issue an ordinance is co-extensive with the legislative power of Parliament regarding territorial and subject-matter jurisdiction.
2. An ordinance can be used to modify or repeal an existing tax law.
3. A Governor can issue an ordinance to amend the Constitution regarding the boundaries of his state to resolve border disputes.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because the power to alter state boundaries belongs exclusively to Parliament under Article 3, and a state Governor cannot issue an ordinance to amend the Constitution or alter boundaries.
Consider the following statements regarding the financial and rights impact of ordinances:
1. An ordinance can be promulgated to appropriate money from the Consolidated Fund of India.
2. A state ordinance cannot impose a tax on goods imported from other states unless the President gives prior sanction.
3. In Krishna Kumar Singh vs State of Bihar (2017), a 7-judge constitutional bench ruled that ordinances do not automatically create enduring rights that survive the ordinance's expiry.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. An ordinance can appropriate money just like an Appropriation Act. Under Article 304(b), restrictions/taxes on imported goods require the President's previous sanction, extending to state ordinances via Art 213. The Supreme Court established in 2017 that rights created by an ordinance do not automatically endure after its lapse.
Consider the following statements regarding the limitations on ordinance making:
1. A Governor cannot promulgate an ordinance if a Bill containing the same provisions would have required the previous sanction of the President for its introduction in the State Legislature.
2. The power to make an ordinance is not an executive power but the legislative power of the President and the Governor.
3. If an ordinance makes a provision that the Parliament is not competent to enact under the Constitution, it shall be void.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are correct. The Governor's power is restricted by the need for Presidential sanction (Art 213), the power is legislative in nature, and it is strictly coextensive with the legislative competence of the respective legislature.
Consider the following statements regarding the legal accountability of ordinances:
1. The satisfaction of the President to issue an ordinance can be challenged in a court of law if it is alleged to be based on malicious intent (mala fide).
2. An ordinance can appropriate money from the Consolidated Fund of India for unexpected expenditure.
3. Only the Supreme Court of India has the original jurisdiction to hear challenges against the constitutional validity of an ordinance.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because High Courts also have the jurisdiction to hear challenges regarding the constitutional validity of laws, including ordinances, under Article 226.
Consider the following statements regarding the procedural mechanics of an ordinance:
1. A resolution disapproving an ordinance promulgated by the President must be introduced in the Lok Sabha first.
2. The power of the Governor to issue an ordinance is a discretionary power exercised independently of the Chief Minister.
3. An ordinance can be passed to amend the basic structure of the Constitution if a National Emergency is in operation.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect; a disapproval resolution can be introduced in either House. Statement 2 is incorrect; the Governor acts on the advice of the Council of Ministers. Statement 3 is incorrect; the Constitution, let alone its basic structure, can never be amended by an ordinance.
Consider the following statements regarding the Governor's ordinance-making power:
1. The Governor must reserve an ordinance for the consideration of the President if it contains provisions that would have required the President's assent had it been introduced as a Bill.
2. An ordinance promulgated by a Governor can be retrospective, coming into force from a past date.
3. While an ordinance can amend an Act of the State Legislature, it cannot amend or repeal another ordinance.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because an ordinance can be used to amend or repeal another existing ordinance.
Consider the following statements regarding the rules and scope of ordinances:
1. According to the Rules of Procedure of the Lok Sabha, a statement explaining the circumstances necessitating immediate legislation by ordinance must be placed before the House when a Bill replacing it is introduced.
2. An ordinance cannot create a new criminal offence with retrospective effect.
3. The President's power to issue an ordinance is derived from the executive power of the Union under Article 53.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 2 is correct because Article 20(1) protects against ex post facto criminal laws, applying to both Acts and ordinances. Statement 3 is incorrect because the ordinance-making power under Article 123 is classified as a legislative power, not an executive power.
Consider the following statements regarding judicial review of the ordinance-making power:
1. The 38th Constitutional Amendment Act made the satisfaction of the President in promulgating an ordinance final and conclusive, placing it beyond judicial review.
2. The 44th Constitutional Amendment Act reversed this provision, making the President's satisfaction subject to judicial review on the ground of malafide.
3. The Supreme Court has ruled that it will actively evaluate and judge the 'necessity' of the circumstances that led to the promulgation of an ordinance.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because the Supreme Court generally does not judge the 'necessity' or adequacy of the circumstances (which is a political question) but only examines if the power was exercised in bad faith (colorable exercise or malafide).
Consider the following statements regarding judicial pronouncements and ordinance scope:
1. The Supreme Court has stated that the repeated promulgation of ordinances without bringing them to the legislature is a subversion of the democratic process.
2. An ordinance can make provisions that restrict the fundamental rights of citizens, provided it falls within the reasonable restrictions allowed by the Constitution.
3. The Governor's power to make ordinances is co-extensive with the legislative power of the State Legislature.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. The courts have condemned repromulgation (D.C. Wadhwa case), ordinances can impose reasonable restrictions like Acts, and the Governor's power matches the State Legislature's competence.
Consider the following statements regarding the parallel nature of the ordinance power:
1. The ordinance-making power is a parallel power of legislation vested in the executive to deal with extraordinary situations.
2. The power to issue ordinances is not subject to any prior approval of the Parliament.
3. An ordinance can alter or amend tax laws, but it cannot be used to amend the Constitution.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 2 and 3 are correct. Statement 1 is incorrect because the Supreme Court has clarified that the ordinance-making power is not a 'parallel' power of legislation. It is an extraordinary power available only when the legislature is not in session to meet emergent situations.
Consider the following statements regarding the conditions attached to an ordinance:
1. The President can issue an ordinance merely on the verbal advice of a Cabinet Minister without the formal decision of the Council of Ministers.
2. Ordinances can only be promulgated on matters listed in the Union List and not on matters in the Concurrent List.
3. An ordinance automatically converts into an Act of Parliament if no action is taken by Parliament within six weeks of its reassembly.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because the decision requires the collective advice of the Council of Ministers. Statement 2 is incorrect because ordinances can cover Concurrent List subjects too. Statement 3 is incorrect because an ordinance lapses if not actively passed as an Act within six weeks.
Consider the following statements regarding rules and limitations surrounding ordinances:
1. Whenever a Bill seeking to replace an ordinance is introduced in the House, a statement explaining the circumstances which necessitated immediate legislation must be placed before the House.
2. The Governor of a state cannot withdraw an ordinance without the advice of his Council of Ministers.
3. An ordinance passed by the President can be retrospective, allowing it to amend laws from a date earlier than its promulgation.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. The Rules of Procedure require the explanatory statement, withdrawal requires Cabinet advice, and ordinances can have retrospective legislative effect.
Consider the following statements regarding the validity and challenges to an ordinance:
1. If an ordinance issued by the Governor deals with a matter in the Concurrent List and conflicts with a Central law, it can still prevail in that state if it was issued in pursuance of instructions from the President.
2. Ordinances are required to be published in the Official Gazette to come into effect.
3. No ordinance can be challenged in a court of law on the ground of 'colorable legislation'.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because an ordinance is subject to the same constitutional limitations as an Act of the legislature, meaning it can be challenged on the grounds of colorable legislation, violation of fundamental rights, or lack of legislative competence.
Consider the following statements regarding the features of an ordinance:
1. Article 213 of the Constitution empowers the Governor to promulgate ordinances during the recess of the state legislature.
2. An ordinance promulgated by the President can be retrospective in operation.
3. The satisfaction of the President to promulgate an ordinance is justiciable on the ground of malafide.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. The Governor derives ordinance power from Article 213. Ordinances can apply retrospectively, and following the 44th Amendment and judicial rulings, the President's satisfaction can be challenged if exercised in bad faith (malafide).
Consider the following statements regarding landmark judgments and ordinance timelines:
1. In the R.C. Cooper v. Union of India case (1970), the Supreme Court held that the President's decision to promulgate an ordinance can be challenged on the ground that immediate action was not required.
2. An ordinance ceases to operate at the expiration of six weeks from the reassembly of Parliament, even if neither House passes a resolution disapproving it.
3. The President can promulgate an ordinance to bring into force a Constitutional Amendment Act which has been passed by Parliament but not yet notified.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because an ordinance cannot be used in matters pertaining to a Constitutional Amendment Act; the bringing into force of an Amendment Act is done via an executive notification, not an ordinance.
Consider the following statements regarding the withdrawal and scope of an ordinance:
1. The Governor of a state can withdraw an ordinance only after obtaining the consent of the President.
2. An ordinance can be promulgated to amend the Representation of the People Act, 1951.
3. If an ordinance is promulgated by the President during a recess of Parliament, and the Lok Sabha is dissolved before it reassembles, the ordinance immediately lapses.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 2 is correct. Statement 1 is incorrect because the Governor withdraws an ordinance on the advice of the State Council of Ministers, not the President. Statement 3 is incorrect because the ordinance does not immediately lapse upon dissolution; it survives until the new Lok Sabha reassembles and the six-week countdown begins.
Consider the following statements regarding specific restrictions on ordinances:
1. An ordinance promulgated by the Governor regarding a Concurrent List subject without the President's instructions will be void if it is repugnant to an existing Central law.
2. An ordinance can be challenged on the ground that it violates the fundamental right to equality under Article 14.
3. A Governor can issue an ordinance regarding the salary and allowances of the High Court judges of his state.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because the salary and allowances of High Court judges are determined by the Parliament, not the State Legislature, and hence the Governor has no ordinance-making power over it.
Consider the following statements regarding ordinances in a comparative and constitutional context:
1. The President's ordinance-making power is a unique feature of the Indian Constitution, not found in most democratic Constitutions of the world like the USA and UK.
2. An ordinance can be promulgated only to deal with unforeseen or urgent matters and the Constitution explicitly defines what constitutes an 'urgent matter'.
3. A constitutional amendment under Article 368 requires prior approval from the President before it can be enacted through an ordinance.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. Statement 2 is incorrect because the Constitution does not explicitly define what constitutes an 'urgent matter'. Statement 3 is incorrect because a Constitutional Amendment cannot be enacted through an ordinance under any circumstances.
Consider the following statements regarding constitutional provisions for ordinances:
1. The Constitution places the ordinance-making power of the President in Part V, under the chapter 'Legislative Powers of the President'.
2. A Governor's ordinance requires the previous instruction of the President if a Bill containing the same provisions would have required the President's previous sanction for introduction.
3. The maximum validity of an ordinance is derived from the constitutional provision that the gap between two sessions of Parliament cannot exceed six months.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. Article 123 is in Part V (Chapter III), Governor's restriction is under Article 213(1)(a), and the six months + six weeks duration is a direct consequence of Article 85 (max 6-month gap between sessions).
Consider the following statements regarding the powers related to ordinances:
1. The Governor's power to issue ordinances is detailed under Article 213 of the Indian Constitution.
2. An ordinance can repeal or amend an Act of Parliament or another existing ordinance.
3. The President can withdraw an ordinance at any time, but only on the advice of the council of ministers headed by the Prime Minister.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. The Governor acts under Article 213, an ordinance has the same amending/repealing power as a regular Act, and the President exercises the withdrawal power on the advice of the Council of Ministers.
Consider the following statements regarding the operation of an ordinance:
1. The maximum possible life of an ordinance promulgated by the President, without being approved by the Parliament, is six months and six weeks.
2. A money bill cannot be enacted through the ordinance route.
3. An ordinance passed by a State Governor is valid only within the geographical boundaries of that state, except when it is approved by the President, in which case it applies to the whole of India.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. Statement 2 is incorrect because ordinances can deal with tax and financial matters. Statement 3 is incorrect because a state ordinance, even with the President's instructions/approval, only applies within the territorial limits of that state; it does not extend to the whole of India.
Consider the following statements regarding the historical and operational aspects of ordinances:
1. The ordinance-making power was originally introduced in India by the Government of India Act, 1919.
2. The President can promulgate an ordinance on a matter even if it is currently pending before the Supreme Court.
3. An ordinance passed by a State Governor automatically lapses if the State Legislative Assembly is dissolved before the six-week period expires.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 2 is correct, as the legislative power to issue an ordinance is independent and can address matters sub-judice. Statement 1 is incorrect because it was introduced by the Indian Councils Act of 1861. Statement 3 is incorrect because the ordinance continues to survive and the six-week period begins from the reassembly of the newly elected legislative assembly.
Consider the following statements regarding judicial review and parliamentary control of ordinances:
1. The 44th Amendment Act, 1978 made the President's satisfaction in promulgating an ordinance subject to judicial review on the ground of mala fide.
2. The Governor of a state always needs the President's instruction to promulgate any ordinance relating to the State List.
3. Parliament is constitutionally bound to debate every ordinance promulgated during its recess as soon as it reassembles, even if the government drops it.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. Statement 2 is incorrect because the Governor needs instructions only for bills requiring prior sanction or reservation for the President, which typically involves the Concurrent List, not the State List ordinarily. Statement 3 is incorrect because if the government decides not to replace the ordinance with a Bill, it simply lapses after six weeks; Parliament is not constitutionally forced to debate it unless a disapproval resolution is moved.
Consider the following statements regarding the characteristics of an ordinance:
1. An ordinance has the same force and legal effect as an Act of Parliament.
2. Parliament can pass a law to replace an ordinance with retrospective effect.
3. A constitutional amendment under Article 368 can be initiated by the President via an ordinance if there is a severe constitutional crisis.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect because an ordinance cannot be used to amend the Constitution of India under any circumstances.
Consider the following statements regarding the withdrawal and repromulgation of ordinances:
1. The Constitution explicitly lays down the maximum number of times an ordinance can be repromulgated by the President.
2. Once an ordinance is withdrawn by the President, all legal actions completed under it are retrospectively declared null and void.
3. The Governor of a state can issue an ordinance regarding a subject on the Union List if the State Assembly passes a unanimous resolution requesting it.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because the Constitution mentions no such numerical limit. Statement 2 is incorrect because legal actions completed under an ordinance generally remain valid depending on public interest. Statement 3 is incorrect because a Governor has no jurisdiction over Union List subjects, regardless of any state assembly resolution.
Consider the following statements regarding the lapsing of ordinances:
1. A State Legislature can pass a resolution to extend the life of an ordinance by another six months without converting it into an Act.
2. The President cannot issue an ordinance on a subject present in the State List under any circumstances.
3. If an ordinance is allowed to lapse, it does not necessarily wipe out the actions entirely completed during its tenure.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 3 is correct. Statement 1 is incorrect because an ordinance cannot be extended via resolution; it must be replaced by an Act. Statement 2 is incorrect because the President can issue an ordinance on State List subjects during President's Rule or a National Emergency.
Consider the following statements regarding the repromulgation of ordinances:
1. The Supreme Court in the D.C. Wadhwa case (1987) ruled that successive repromulgation of ordinances without trying to get them passed by the legislature is unconstitutional.
2. A Governor can never withdraw an ordinance once promulgated unless the State Legislature passes a resolution disapproving it.
3. The Constitution of India specifies a maximum limit on the number of times an ordinance can be repromulgated.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. Statement 2 is incorrect because the Governor can withdraw an ordinance at any time on the advice of the Council of Ministers. Statement 3 is incorrect because the Constitution does not explicitly specify a numerical limit on repromulgation, though the Supreme Court has declared the practice of bypassing the legislature as unconstitutional.
Consider the following statements regarding the procedural limits of ordinances:
1. In a bicameral state legislature, if the Legislative Council is in session but the Legislative Assembly is prorogued, the Governor cannot issue an ordinance.
2. When an ordinance is replaced by a Bill in Parliament, the statement explaining the circumstances necessitating the ordinance must be signed by the President of India.
3. Ordinances issued by the President are explicitly exempt from the Basic Structure doctrine of the Constitution.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because an ordinance can be issued if *either* House is not in session. Statement 2 is incorrect because the statement is submitted by the minister introducing the Bill, not the President. Statement 3 is incorrect because an ordinance is a legislative act and must adhere to the Basic Structure doctrine.
Consider the following statements regarding comparative and exceptional features of ordinances:
1. The ordinance-making power of the Executive in India is an exact replica of the emergency powers held by the President of the United States.
2. A Governor can issue an ordinance to extend the term of the State Legislative Assembly during an emergency.
3. The Administrator of a Union Territory is strictly prohibited from issuing any ordinance under any circumstances.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because the US President has no such constitutional legislative power. Statement 2 is incorrect because extending the term of an assembly requires an Act of Parliament. Statement 3 is incorrect because Article 239B allows the Administrator of a UT with a legislature to issue ordinances during recess.
Consider the following statements regarding the misuse and limits of ordinances:
1. The President can issue an ordinance extending the term of the Lok Sabha during a National Emergency.
2. An ordinance can bypass the basic structure doctrine since it is a temporary executive measure.
3. Repromulgation of an ordinance can be done independently by the President without the advice of the Council of Ministers if the Parliament fails to pass the replacing Bill in time.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because extending the Lok Sabha term requires a law passed by Parliament, not an ordinance. Statement 2 is incorrect as an ordinance is a legislative act and is subject to the basic structure doctrine. Statement 3 is incorrect because the President can only act on the aid and advice of the Council of Ministers.
Consider the following statements regarding landmark judgments on ordinances:
1. The Supreme Court case 'D.C. Wadhwa v. State of Bihar' strictly dealt with the constitutional validity of the ordinance-making power during a Financial Emergency.
2. In the 'Krishna Kumar Singh v. State of Bihar' case, the Supreme Court ruled that placing an ordinance before the legislature is a mandatory constitutional obligation.
3. Failure to place an ordinance before the legislature does not affect the validity of the legal actions taken under it.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 2 is correct. Statement 1 is incorrect because D.C. Wadhwa dealt with the unconstitutional practice of successive repromulgation of ordinances, not Financial Emergency. Statement 3 is incorrect because the Krishna Kumar Singh case held that failure to place an ordinance before the legislature is a constitutional fraud and impacts the validity of enduring rights.
Consider the following statements regarding ordinances in Union Territories:
1. The Administrator of a Union Territory can issue ordinances under Article 239B when the legislative assembly is dissolved or suspended.
2. The power to issue ordinances in a Union Territory with a legislature requires prior instruction from the President.
3. The Administrator of Puducherry can promulgate an ordinance during the recess of its legislature.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 2 and 3 are correct. Statement 1 is incorrect because Article 239B explicitly prohibits the Administrator from promulgating an ordinance when the legislature is dissolved or its functioning is suspended.
Consider the following statements regarding the ordinance-making framework:
1. The Constitution does not require an ordinance to be accompanied by a statement of objects and reasons when it is promulgated.
2. Only the Lok Sabha has the power to pass a resolution disapproving an ordinance promulgated by the President.
3. The ordinance-making power is a unique feature of the Indian Constitution, explicitly borrowed from the Constitution of the USA.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 1 is correct. While a statement of circumstances is required when introducing the replacing bill, the Constitution doesn't demand it at the time of promulgation. Statement 2 is incorrect because both Houses must pass disapproving resolutions to end an ordinance before six weeks. Statement 3 is incorrect because the US Constitution has no provision for ordinances; India inherited it from the British colonial framework.
Consider the following statements regarding restrictions on the ordinance-making power:
1. An ordinance can be used to pardon a person convicted by a court martial.
2. The President can promulgate an ordinance to amend the list of Scheduled Castes for a State without requiring subsequent parliamentary approval.
3. Once an ordinance is disapproved by the Lok Sabha, the Rajya Sabha loses the power to vote on the resolution disapproving it.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are incorrect. Statement 1 is incorrect because pardoning is an executive function (Article 72), not a legislative one. Statement 2 is incorrect because altering the SC list requires an Act of Parliament (Article 341), meaning an ordinance would still need parliamentary approval. Statement 3 is incorrect because Article 123 states an ordinance ceases if resolutions disapproving it are passed by *both* Houses.
Consider the following statements regarding the expiration and limits of ordinances:
1. An ordinance ceases to operate immediately if both Houses of Parliament pass resolutions disapproving it.
2. The six-week period for the expiration of an ordinance is counted from the reassembly of Parliament, taking the later date if the Houses reassemble on different dates.
3. The ordinance-making power is not a discretionary power of the President and must be exercised on the aid and advice of the Council of Ministers.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. The ordinance ends early if both Houses disapprove. The six-week countdown starts from the later date of assembly. The President exercises this power entirely on the Cabinet's advice.
Consider the following statements regarding specific provisions of ordinance promulgation:
1. Article 213 empowers the Administrator of a Union Territory to promulgate ordinances.
2. If a Governor's ordinance deals with a matter in the Concurrent List and is repugnant to a Central Law, it is void unless it was promulgated with the prior instructions of the President.
3. An ordinance can be used to amend the Rules of Procedure of the Lok Sabha and Rajya Sabha when they are not in session.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Only Statement 2 is correct. Statement 1 is incorrect because Article 213 applies to Governors; Administrators use Article 239B. Statement 3 is incorrect because the Houses of Parliament make their own rules under Article 118, and the executive cannot amend them via an ordinance.
Consider the following statements regarding the functioning of the legislature and ordinances:
1. The President can issue an ordinance even if only the Lok Sabha is dissolved, provided the Rajya Sabha is also not in session.
2. Every ordinance promulgated by the Governor must be laid before the Legislative Assembly of the state.
3. The Parliament can pass a law modifying the provisions of an ordinance instead of rejecting or approving it entirely as it was.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: Statements 1, 2, and 3 are correct. An ordinance can be issued when Lok Sabha is dissolved because Parliament is technically not in session. All state ordinances must be laid before the state legislature. The replacing Bill introduced in Parliament can contain modifications to the original ordinance provisions.
Consider the following statements regarding the constitutional validity of ordinances:
1. The ordinance-making power of the President under Article 123 is coextensive with the legislative power of the Parliament.
2. An ordinance is subject to the same constitutional limitations as an Act of Parliament, including the Fundamental Rights.
3. In the Krishna Kumar Singh v. State of Bihar case, the Supreme Court held that the repromulgation of ordinances is a fraud on the Constitution and a subversion of democratic legislative processes.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
Explanation: All three statements are correct. The ordinance-making power is co-extensive with Parliament's legislative scope, must abide by Fundamental Rights, and the Supreme Court strongly condemned repromulgation as a constitutional fraud in the Krishna Kumar Singh case.