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Consider the following statements. The President can promulgate an ordinance only When either of the two Houses of Parliament is not in session.  An ordinance can be retrospective. Find the Correct Statement

Consider the following statements. The President can promulgate an ordinance only When either of the two Houses of Parliament is not in session.  An ordinance can be retrospective. Find the Correct Statement Correct Answer Both The Statements 

The Correct Answer is Option (2) i.e. Both The Statements 

  • Article 123: Power of President to promulgate Ordinances during recess of Parliament.
  • If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
  • An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament.
  • It shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament.
  • An ordinance like any other legislation can be retrospective, that is, it may come into force from a backdate.
  • Ordinance may modify or repeal any act of Parliament or another ordinance. 
  • Ordinance can alter or amend a tax law also.

Related Questions

Consider the following statements regarding ordinances. 1. Article 123 of the Constitution of India grants the President certain law-making powers to promulgate when either of the two Houses of the Parliament is not in session. 2. An ordinance must be converted into legislative within 35 days of the commencement of the Parliament session or else it will lapse. 3. Article 213 of the Constitution of India grants the Governor of India the power to issue ordinances when the state legislature is not in session. Which of the statements given above is/are correct?
Which of the following statements are not true about the process of Constitutional Amendment in India?
1. The Parliament can amend the Constitution with a special majority.
2. State Assemblies can propose amendment in the Constitution.
3. A Bill for Constitutional Amendment can be introduced only in the Lower House of the Parliament.
4. Deadlock between the two Houses of Parliament over a Bill for Constitutional Amendment can be removed by a joint session of the Parliament.
5. The President of India enjoys the veto power over Constitutional Amendment Bills passed by the Parliament.
Select the correct answer:
Consider the following statements: a. The decision of the President to issue an Ordinance can be questioned in a court for being malafide. b. An Ordinance like any other legislation can be retrospective. c. An Ordinance cannot be issued to amend the Constitution. Which of the above statements are correct?
Consider the following statements: When the vice-president of India acts as the President of India, he performs simultaneously the function of the chairman of Rajya Sabha. The president of India can promulgate ordinances at any time, except when both Houses of Parliament are in session. Which of the statements given above is/are correct?
Which of the following statements relating to the office of the President of India are correct? 1. The President has the power to grant pardon to a criminal in special cases. 2. The President can promulgate ordinances even when the Parliament is in session. 3. The President can dissolve the Rajya Sabha during the emergency. 4. The President has the power to nominate two members in the Lok Sabha from the Anglo Indian community. Select the correct answer using the code given below:
Consider the following statements and select the correct answer:
Statement I The only mode of initiating a proposal for amendment is to introduce a bill in either House of the Union Parliament.
Statement II If there is a disagreement between the two Houses of Parliament regarding the passage of a bill, the deadlock may be resolved by a joint session of the two houses.
Consider the following statements.
1. An Ordinance can be Promulgated by the President of India when the House of the People is dissolved.
2. An Ordinance can be promulgated by the Governor to impose reasonable restrictions on the freedoms guaranteed under Article 19 of the Constitution.
3. An Ordinance remains operative for the same period as an Act of Parliament.
4. The same Ordinance can be promulgated more than once if the circumstances so require.
Which of the statements given above are correct?
What is correct about external emergency as per Article 352? i. It is proclaimed by the President. ii.. It should be approved by Parliament within two months. iii. It should be approved by Parliament within one month. iv. It should be approved by Parliament by simple majority. v. It should be approved by Parliament by 2/3 majority. vi. It can be revoked by simple majority of Parliament. vii. It can be revoked by 2/3 majority of Parliament. viii. It can be approved in joint session of Parliament. 
Which is the correct position in law on an Ordinance promulgated under Article 123 of the Constitution of India, following the judgment in Krishna Kumar v. State of Bihar, (2017) 3 SCC
1. Power conferred upon the President under Article 123 is legislative in character and the satisfaction of the President is immune from judicial review.
2. An Ordinance promulgated under Article 123 must be laid before the Parliament, which is a mandatory constitutional obligation cast upon the government.
3. An Ordinance promulgated in exercise of powers under Article 123 cannot create enduring rights in favour of individuals
4. Re-promulgation of an Ordinance is a fraud on the Constitution.
Choose the correct answer from the following:
Which of the following statement/statements is/are correct?
1. If the other House does not pass an Ordinary Bill and more than six months have passed, the President may summon a Joint Session of both the Houses.
2. At the Joint Session of two Houses, new amendment can be proposed in the Bill with the permission of the Presiding Officer (Speaker of the Lok Sabha).
3. The Lower House has exclusive power over Money Bills.
4. Money and Financial Bills can be only introduced in the Lok Sabha and with prior recommendations of the President.
Select the correct answer: