With reference to Ordinance making power of the President consider the following Statements 1 The Pr...........

Indian Polity President of India

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With reference to Ordinance making power of the President consider the following Statements

1. The President can promulgate an ordinance only when both the Houses of the Parliament are not in session.

2. It is similar to that of the President of USA.

3. It is subject to Judicial Review

Which of the Statement above given is/are is correct?

3 only

1 and 3 only

2 and 3 only

1, 2 and 3

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Explanation:

Ordinance making power of the president: Article 123

Ordinances can be issued when either of the houses or both the houses of parliament are not in session, and president is satisfied that circumstances prevail to take immediate action.
This power is exercised on the advice of CoM. Hence, it is not president's personal satisfation. President can promulgate or withdraw an ordinance only on advice of CoM headed by PM.
It cannot be issued to amend the constitution.
Ordinances can be introduced only on those subjects on which the Indian Parliament can make laws.
Ordinances can not take away any rights of citizens that are guaranteed by the Fundamental Rights of the Indian Constitution. Judicial interference is possible to check any malafide intenstion in the promulgation of ordinance.
Ordinance ceases to exist if parliament takes no action within six weeks from its reassembly
Ordinance also stands void if both the houses pass a resolution disapproving the ordinance

Note: The maximum life of an ordinance can be six months and six weeks.

Important cases related to ordinance making power: Supreme Court in RC Cooper vs. Union of India (1970) ; DC Wadhwa vs. the State of Bihar (1987); Krishna Kumar Singh v. the State of Bihar. The ordinance making power is not available to American President (due to separation of powers) and England (its a constitutional monarchy, where queen is nominal head and real power lies with house of commons).