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Consider the following statements regarding ordinances: 1. Article 123 of the Constitution of India grants the President certain law-maki
Question

Consider the following statements regarding ordinances:
1. Article 123 of the Constitution of India grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session.
2. An ordinance must be converted into legislation 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 the power to issue ordinances when the state legislature is not in session.
Which of the statements given above is/are correct?

A.

Only 1

B.

Only 1 and 2

C.

1, 2 and 3

D.

Only 1 and 3

Correct option is D

The correct answer is (d) Only 1 and 3
Explanation:
Statement 1 is correct: Under Article 123, the President can promulgate an ordinance when either house of Parliament is not in session and immediate action is required.
· Statement 2 is incorrect: An ordinance must be approved by the Parliament within 6 weeks (not 35 days) of reassembly, failing which it ceases to operate.
· Statement 3 is correct: Article 213 empowers the Governor to issue ordinances when the State Legislature is not in session, provided it is urgent and requires immediate action.
Information Booster:
· Ordinances have the same force and effect as laws made by the legislature.
· They are temporary and subject to legislative approval.
Additional Knowledge:

Statement 2: . The 6-week timeline begins after both Houses reassemble, not 35 days. . This is a commonly confused figure but clearly stated in the Constitution.

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