CA Foundation · Business Laws · Indian Regulatory Framework
Parliament is not in session and the President of India is satisfied that immediate action is needed on a matter within Parliament's legislative competence. The President promulgates an ordinance. Which statement about this ordinance is correct?
An ordinance issued by the President when Parliament is not in session has the force of an Act but lapses six weeks after Parliament reassembles unless approved earlier. It cannot be issued during a session and is not permanent law.
- AIt is permanent law and needs no approval from Parliament
- BIt has the same force as an Act of Parliament but ceases to operate six weeks after Parliament reassembles unless approved earlierCorrect
- CIt can be issued even while both Houses of Parliament are in session
- DIt can only be issued on matters in the State List
Explanation
Under Article 123, the President may issue an ordinance only when Parliament is not in session. It has the force of an Act but lapses at the expiry of six weeks from reassembly of Parliament, or earlier if disapproved. The option calling it permanent is wrong because it requires parliamentary approval to continue.
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