Ordinances: amendment, fundamental rights and retrospective effect — UPSC Prelims PYQ 2025

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

Article 123 of the Constitution empowers the President to promulgate ordinances when Parliament is not in session, and the scope of this power is coextensive with Parliament’s legislative authority, except in terms of the ordinance’s duration. This means that an ordinance can be issued only on matters within Parliament’s legislative competence and may amend or repeal existing Central laws. At the same time, it is subject to the same constitutional limitations as a law enacted by Parliament and cannot infringe upon fundamental rights.

Like any other legislation, an ordinance can have retrospective effect, meaning it can be enforced from a past date. It has the power to amend or repeal an existing Act of Parliament or even another ordinance, and to modify tax laws. However, it cannot be used to amend the Constitution. The President can withdraw an ordinance at any time, but not at his own discretion. Both promulgation and withdrawal of an ordinance must be done based on the advice of the Council of Ministers, headed by the Prime Minister.

Statement II can be eliminated using basic constitutional understanding—an Ordinance has the same force as a law made by Parliament, but it still remains subject to the Constitution. Since laws cannot violate Fundamental Rights, the claim that an Ordinance can abridge them is incorrect. Once Statement II is eliminated, only option (c) is left → I and III only.