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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2025, Q81

Contents17
UPSC Prelims GS2025Indian Polity
  1. AI and II only
  2. BII and III only
  3. CI and III only
  4. DI, II and III
Show answer

Answer: (C) I and III only

Let's evaluate each statement about ordinances:

(I) 'Ordinance can amend any Central Act' — CORRECT.

An ordinance promulgated under Article 123 has the same force and effect as an Act of Parliament.

Therefore, it can modify or amend any existing Central Act.

The Supreme Court has affirmed this in multiple cases. ✓

(II) 'Ordinance can abridge a Fundamental Right' — INCORRECT.

An ordinance, like any other law, is subject to the Fundamental Rights guaranteed in Part III of the Constitution.

Article 13(2) states that the State shall not make any law that takes away or abridges Fundamental Rights — and 'law' here includes ordinances.

So an ordinance CANNOT abridge Fundamental Rights.

If it does, it can be struck down by courts as unconstitutional. ✗

(III) 'Ordinance can come into effect from a back date' — CORRECT.

An ordinance can have retrospective (back-dated) effect, just like an Act of Parliament can.

The government can specify that the ordinance applies from a date prior to its promulgation, within constitutional limits.

This has been done in practice, especially for tax-related ordinances. ✓

Statements I and III are correct. Answer is (c).

Why this was asked

Article 123 gives the President power to promulgate ordinances when Parliament is not in session, making them equivalent to Acts of Parliament in legal force.

Ordinances cannot override Fundamental Rights under Article 13(2), which declares any law that abridges Part III rights as void - this constitutional limitation applies equally to ordinances and regular legislation.

The question tests whether students understand both the extensive powers of ordinances and their constitutional boundaries, particularly the supremacy of Fundamental Rights over all forms of legislation.

Ordinance Power of President

Indian Polity Ordinance Article 123

President's Ordinance Power: Article 123 & Key Features

Must know

Article 123 empowers President to promulgate ordinances when Parliament is not in session

Ordinance has same force as Act of Parliament but is temporary legislation

Can amend existing laws and have retrospective effect

Cannot abridge Fundamental Rights - subject to Article 13(2)

Good to know

Must be approved by Parliament within 6 weeks of reassembly

Constitutional Basis

Article 123 grants the President ordinance-making power during parliamentary recess. This is an emergency legislative power to address urgent situations when Parliament cannot be convened immediately.

Ordinance vs Act Comparison

Aspect

Ordinance

Act of Parliament

Legal Force

Same as Act

Supreme law (subject to Constitution)

Duration

6 weeks after Parliament reassembles

Permanent until repealed

Amendment Power

Can amend any Central Act

Can amend any law

Retrospective Effect

Yes - can be back-dated

Yes - if specifically provided

Fundamental Rights

Cannot abridge (Article 13)

Cannot abridge (Article 13)

Parliamentary Approval

Must be ratified within 6 weeks

Already has parliamentary sanction

Constitutional Limitations

Article 13(2) constraint: Cannot make any law that abridges Fundamental Rights

Judicial review: Courts can strike down ordinances violating constitutional provisions

Parliamentary dependency: Dies automatically if not approved within 6 weeks of Parliament reassembly

Satisfaction requirement: President must be satisfied of immediate action necessity

Subject matter: Same legislative competence as Parliament - Union, State, or Concurrent List

Exam traps

Trap: Statement II suggests ordinances can abridge Fundamental Rights - they cannot due to Article 13(2)

Confusion: Students think ordinances have unlimited power - they are subject to same constitutional limits as Acts

Back-dating trap: Many assume ordinances cannot be retrospective - they can have back-dated effect

Amendment confusion: Ordinances can amend existing Central Acts with same force as Parliament

Article 13 & Protection of Rights

Indian Polity Fundamental Right Article 13

Article 13: Constitutional Protection Against Rights Violation

Must know

Article 13(2): State cannot make laws that abridge Fundamental Rights

'Law' includes Acts, ordinances, regulations, notifications, customs

Automatic invalidity: Any law violating FR is void to extent of inconsistency

Good to know

Applies to all state actions including executive ordinances

Core Protection Mechanism

Article 13 creates a constitutional firewall around Fundamental Rights. It ensures that no law-making authority - Parliament, state legislatures, or President through ordinances - can diminish these basic freedoms.

Article 13 Structure

Clause

Provision

Impact

Article 13(1)

Pre-Constitution laws inconsistent with FR are void

Removes colonial-era restrictions

Article 13(2)

State cannot make law abridging FR

Applies to ordinances and all new laws

Article 13(3)

Defines 'law' broadly

Includes ordinances, notifications, customs

Article 13(4)

Nothing in Article 13 applies to constitutional amendments

Parliament can amend FR through Article 368

Scope of 'Law' Under Article 13

Acts of Parliament and State Legislatures

Ordinances promulgated by President/Governor

Regulations, notifications by executive authorities

Customs and usages having force of law

Any instrument having legal force and effect

Judicial Review Process

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Law/Ordinance Challenged**
Petitioner claims violation of Fundamental Right`"]
  s2["`**Court Examines Consistency**
Judicial review under Article 13(2)`"]
  s3["`**If Violates FR**
Law declared void to extent of inconsistency`"]
  s4["`**Constitutional Remedy**
Fundamental Right restored and protected`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4
Exam traps

Ordinance immunity myth: Ordinances are equally bound by Article 13(2) - cannot abridge FR

Amendment confusion: Article 13(4) exempts only constitutional amendments, not ordinary laws/ordinances

Scope trap: 'Law' in Article 13 includes all forms - Acts, ordinances, executive orders

Automatic effect: Violating laws become void automatically - no separate declaration needed

Retrospective Effect in Indian Law

Indian Polity back date retrospective

Retrospective Laws: Back-Dating in Indian Legal System

Must know

Retrospective laws apply from a date prior to their enactment

Both Acts and Ordinances can have retrospective effect if specified

Constitutional limits: Cannot violate FR or create ex post facto crimes

Good to know

Common in tax laws and beneficial legislation

Retrospective legislation operates from a date before its actual enactment. Both Parliament and President (through ordinances) can create such laws, provided they specify the back-date of operation and stay within constitutional boundaries.

Types of Retrospective Laws

Type

Example

Constitutional Status

Common Use

Tax Laws

Income Tax amendments

Valid if within limits

Revenue collection

Beneficial Laws

Social security schemes

Generally valid

Welfare extension

Curative Laws

Removing legal defects

Valid for good governance

Legal clarity

Criminal Laws

Creating new offences

Prohibited by Constitution

Constitutional ban

Civil Rights

Property acquisition

Valid with compensation

Development projects

Constitutional Limitations

Article 20(1): No ex post facto criminal laws - cannot create retrospective crimes

Fundamental Rights: Cannot retrospectively abridge FR through back-dating

Reasonable limits: Courts examine whether retrospective effect serves public purpose

Vested rights: Cannot arbitrarily destroy accrued legal rights without justification

Procedural fairness: Must provide reasonable opportunity to affected parties

Exam traps

Ordinance myth: Many think only Acts can be retrospective - ordinances can also have back-dated effect

Criminal law trap: Retrospective criminal laws are banned - only civil laws can generally be back-dated

Automatic validity: Retrospective effect doesn't make law immune from constitutional challenge

Tax law confusion: Tax laws commonly use retrospective effect - it's constitutionally permissible

Parliament vs Ordinance Powers

Indian Polity Central Act amend

Legislative Powers: Parliament vs Presidential Ordinances

Must know

Ordinances have same force as Parliamentary Acts when in effect

Amendment power: Both can modify existing Central Acts

Key difference: Ordinances are temporary, Acts are permanent

Good to know

Subject matter: Both limited by constitutional distribution of powers

Constitutional Framework

The Constitution grants equivalent legislative force to both Parliamentary Acts and Presidential ordinances. The difference lies not in legal power but in temporal duration and democratic process.

Power Comparison Matrix

Legislative Power

Parliament

President (Ordinance)

Constitutional Basis

Enact New Laws

Yes

Yes

Articles 107-111 vs Article 123

Amend Central Acts

Yes

Yes - same force

Equal legislative power

Repeal Existing Laws

Yes

Yes

Implied in amendment power

Retrospective Effect

Yes

Yes - if specified

No constitutional bar

Abridge FR

No (Article 13)

No (Article 13)

Constitutional limitation

Duration

Permanent

6 weeks max

Temporary nature

Subject Matter

Union + Concurrent

Union + Concurrent

Same legislative competence

Constitutional Constraints

# Legislative Limitations
## Fundamental Rights
- Article 13(2) prohibition
- Cannot abridge FR
- Judicial review available
## Federal Structure
- State List reserved
- Concurrent List shared
- Union List exclusive
## Constitutional Provisions
- Basic structure doctrine
- Article 368 for amendments
- Procedural requirements
Exam traps

Amendment confusion: Ordinances can amend Central Acts - they have same force as Parliament

Duration trap: Equal power doesn't mean equal duration - ordinances are temporary

Subject matter: Both bound by Seventh Schedule - cannot exceed legislative competence

FR limitation: Neither Parliament nor President can abridge Fundamental Rights through ordinary legislation