Question 01
Consider the following statements regarding an ordinance promulgated by the President under Article 123: 1. It may be promulgated even when one House of Parliament is in session. 2. It may be given retrospective effect. 3. It may alter or amend a tax law. 4. Unless it ceases to operate earlier, it lapses on the expiry of six weeks from the reassembly of Parliament. Which of the statements given above is/are correct?
- Option A: 1 and 2 only
- Option B: 2 and 3 only
- Option C: 1, 2 and 4 only
- Option D: 1, 2, 3 and 4
Answer and explanation
Answer: D. 1, 2, 3 and 4
**Statement 1 is correct.** **Article 123(1)** permits an ordinance at any time '**except when both Houses** of Parliament are in session', so it can issue while **only one House** sits. **Statement 2 is correct.** An ordinance has 'the **same force and effect** as an Act of Parliament' under **Article 123(2)**, and Parliament can legislate retrospectively, so an ordinance **can be retrospective**. **Statement 3 is correct.** Since an ordinance can do whatever Parliament can, it may **modify a tax law**; the only bar under **Article 123(3)** is matter Parliament itself could not enact. **Statement 4 is correct.** **Article 123(2)(a)** provides that it ceases at the expiration of **six weeks from the reassembly** of Parliament, unless disapproved earlier by **both Houses** or withdrawn.