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Multiple Choice Questions

Consider the following statements with reference to Legislative powers of the President Constitution...........

Indian Governance and Polity(UPPCS) Union - Executive, Legisture

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Consider the following statements with reference to Legislative powers of the President

Constitution mandates the circumstances, which rendered it necessary for an ordinance to be promulgated, to be made public through gazette notification.
An ordinance can be withdrawn by President.
The President can only promulgate ordinance on the subjects on which Parliament is competent to make laws.

Select the correct statement.

1&2 only

2&3 only

1&3 only

All of the above

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Explanation:

There is no provision under the constitution mandating the circumstances to be made public. Article 123(1) states that:-

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.

Article 123(2)(b) states that an Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance may be withdrawn at any time by the President.

Article 123(3) states that:-

If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

Hence only statements 2&3 are correct.

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