Ordinance Making Power Practice Questions
20 free Ordinance Making Power practice questions for the Indian Polity. Tap an option to answer — you get instant feedback, the correct answer, and a detailed explanation for every question.
Under which Article of the Indian Constitution is the President empowered to promulgate ordinances during the recess of Parliament?
- A Article 123
- B Article 110
- C Article 213
- D Article 352
Correct answer: Article 123
Article 123 of the Constitution grants the President the power to legislate by ordinance when Parliament is not in session. This is considered the most important legislative power of the President to deal with unforeseen or urgent matters.
An ordinance promulgated by the President has the same force and effect as:
- A An executive order
- B A rule of the Supreme Court
- C A directive principle
- D An Act of Parliament
Correct answer: An Act of Parliament
The Constitution specifies that an ordinance issued under Article 123 shall have the same force and effect as an Act of Parliament. However, it is a temporary law and subject to specific limitations regarding its duration.
The President can promulgate an ordinance only when:
- A Both Houses of Parliament are simultaneously in session
- B Only the Rajya Sabha is in session
- C When the Rajya Sabha is dissolved
- D Either House of Parliament is not in session
Correct answer: Either House of Parliament is not in session
An ordinance can be issued when either the Lok Sabha or the Rajya Sabha is not in session. Since a bill requires the approval of both Houses to become law, the absence of even one House creates a legislative vacuum that the President can fill.
What is the maximum life of an ordinance in the absence of parliamentary approval?
- A 6 weeks, if unapproved
- B 6 months, if unapproved
- C 6 months and 6 weeks
- D 1 year
Correct answer: 6 months and 6 weeks
Since the maximum gap between two sessions of Parliament is six months and an ordinance must be approved within six weeks of reassembly, the maximum potential life is six months and six weeks. If not approved within six weeks of the House meeting, it ceases to operate.
Upon the reassembly of Parliament, within what timeframe must an ordinance be laid before both Houses?
- A Immediately
- B Within 14 days
- C Within 6 weeks
- D Within 6 months
Correct answer: Within 6 weeks
Every ordinance promulgated during the recess must be laid before both Houses of Parliament when they reassemble. It ceases to operate at the expiration of six weeks from the reassembly unless approved earlier.
If the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks for an ordinance is calculated from:
- A The earlier date
- B The later of the two dates
- C The date it was promulgated
- D The date the President signed it
Correct answer: The later of the two dates
When the two Houses are summoned on different dates, the six-week period begins from the later of the two dates. This ensures that both Houses have had a fair opportunity to consider the legislation.
Can the President's satisfaction to promulgate an ordinance be questioned in a court of law?
- A No, it is final and beyond judicial review.
- B Yes, on the ground of malafide intentions.
- C Only if the Supreme Court gives permission.
- D Only by the Attorney General.
Correct answer: Yes, on the ground of malafide intentions.
While the 38th Amendment initially made the President's satisfaction final, the 44th Amendment Act made it clear that the President's satisfaction is justiciable. It can be challenged if it is proven that the power was exercised for ulterior motives.
An ordinance promulgated by the President can be withdrawn by:
- A The Parliament acting alone
- B The Supreme Court of India
- C The President at any time
- D The Prime Minister alone
Correct answer: The President at any time
The President has the authority to withdraw an ordinance at any time after its promulgation. This follows the principle that the authority that issues the law can also rescind it.
Which of the following is NOT a limitation on the ordinance-making power of the President?
- A It can only be issued when both Houses of Parliament are in recess.
- B It cannot be used to abridge Fundamental Rights.
- C It cannot be used to amend the Indian Constitution.
- D It can only be issued in case of a financial emergency.
Correct answer: It can only be issued in case of a financial emergency.
Ordinance-making power is not restricted to emergencies; it can be used for any urgent legislative requirement. However, it strictly cannot be used to amend the Constitution and must comply with Fundamental Rights.
The President's power to issue an ordinance is a/an:
- A Executive Power
- B Legislative Power
- C Judicial Power
- D Discretionary Power
Correct answer: Legislative Power
Even though it is exercised by the head of the executive, the ordinance-making power is a legislative power. It allows the executive to perform the function of law-making under specific circumstances.
In the Cooper Case (1970), the Supreme Court held that the President's satisfaction for an ordinance can be challenged on the ground that:
- A The Parliament was in session.
- B It was passed without the Cabinet's advice.
- C Immediate action was not required.
- D The ordinance was against the Prime Minister's will.
Correct answer: Immediate action was not required.
In the Cooper case, the Supreme Court ruled that the President's satisfaction can be challenged in court on the grounds of malafides. This implies that if it's shown that there was no immediate necessity, the court can intervene.
Can an ordinance be made retrospective in nature?
- A No, it can only apply from the date of issue.
- B Yes, it can apply from a back date.
- C Only if it relates to criminal law.
- D Only during a National Emergency.
Correct answer: Yes, it can apply from a back date.
Like an Act of Parliament, an ordinance can be made retrospective, meaning it can come into force from a date prior to its promulgation. It can also amend or repeal any act of Parliament or another ordinance.
Which of the following describes the nature of the President's ordinance-making power?
- A It is a parallel power of legislation with the Parliament.
- B It is an independent power.
- C It is not a parallel power of legislation.
- D It is superior to the law-making power of the Parliament.
Correct answer: It is not a parallel power of legislation.
The Supreme Court has clarified that the ordinance-making power is not a parallel power of legislation. It is meant for emergencies and is always subject to the subsequent approval of the Parliament.
What happens to the acts done and completed under an ordinance if it is later rejected by the Parliament?
- A They become invalid immediately.
- B They remain valid and fully operative.
- C They are subject to review by the High Court.
- D They are treated as illegal acts.
Correct answer: They remain valid and fully operative.
Even if an ordinance lapses or is rejected by Parliament, the acts done under it while it was in force remain valid. This ensures legal certainty for actions taken during the period the ordinance was law.
The President exercises the power of promulgating an ordinance on the advice of:
- A The Chief Justice of the Supreme Court of India
- B The Council of Ministers headed by the PM
- C The Speaker of the Lok Sabha
- D The Attorney General of India
Correct answer: The Council of Ministers headed by the PM
The President's ordinance-making power is not a discretionary power. It is exercised only on the advice of the Union Council of Ministers headed by the Prime Minister.
An ordinance cannot be issued to deal with which of the following subjects?
- A Taxation and Revenue Laws
- B Matters of Criminal Law
- C Labor and Employment Rules
- D Constitutional Amendments
Correct answer: Constitutional Amendments
The President cannot issue an ordinance to amend the Constitution. Constitutional amendments must follow the rigorous process outlined in Article 368, requiring specific majorities in Parliament.
In which case did the Supreme Court strike down the practice of 're-promulgation' of ordinances without placing them before the legislature?
- A Kesavananda Bharati Case
- B Minerva Mills Case
- C Golaknath Case
- D D.C. Wadhwa Case
Correct answer: D.C. Wadhwa Case
In the D.C. Wadhwa case (1987), the Court ruled that the successive re-promulgation of ordinances without attempting to get them passed by the legislature is a 'fraud on the Constitution' and is subverting the democratic process.
Which of the following is TRUE regarding the scope of the ordinance-making power?
- A It is much narrower than the legislative power of the Parliament.
- B It can only cover subjects in the State List.
- C It is only applicable to subjects in the Union List.
- D It is co-extensive with the legislative power of Parliament.
Correct answer: It is co-extensive with the legislative power of Parliament.
The ordinance-making power is co-extensive with the legislative power of Parliament. This means an ordinance can be issued on any subject (Union and Concurrent lists) that Parliament can legislate upon.
If an ordinance is passed by the Lok Sabha but rejected by the Rajya Sabha, what is its status?
- A It ceases to operate.
- B It becomes law.
- C It is sent to the President for a final decision.
- D A joint sitting is called immediately.
Correct answer: It ceases to operate.
For an ordinance to become a permanent law, it must be approved by both Houses. If either House passes a resolution disapproving the ordinance, it ceases to operate immediately.
The power of the Governor to promulgate ordinances is provided under which Article?
- A Article 123
- B Article 165
- C Article 213
- D Article 356
Correct answer: Article 213
While Article 123 applies to the President, Article 213 grants a similar ordinance-making power to the Governor of a state. Both powers share similar limitations and procedural requirements.