Ordinance - GS questions based on daily current affairs

1)   Which of the following is/are true?

1) Ordinance ceases to operate on the expiry of two months from the reassembly of Parliament.
2) The maximum life of an ordinance can be six months.

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
Answer  Explanation 

ANSWER: Neither 1 nor 2

Explanation:

  • Every ordinance issued by the President during the recess of Parliament must be laid before both the Houses of Parliament when it reassembles. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the reassembly of Parliament.
  • The ordinance may also cease to operate even earlier than the prescribed six weeks, if both the Houses of Parliament pass resolutions disapproving it.
  • If the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks is calculated from the later of those dates. This means that the maximum life of an ordinance can be six months and six weeks, in case of non-approval by the Parliament (six months being the maximum gap between the two sessions of Parliament).
2)   Which of the following statements is/are correct about Ordinance?

1. Ordinance can be promulgated while parliament is still in session.
2. It is taken from US and British constitution to deal with emergency necessary situation

a. Only 1
b. Only 2
c. Both
d. None
Answer  Explanation 

ANSWER: None

Explanation:
- Ordinance can be promulgated when either of the two Houses of Parliament is not in session.
- Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate
- The apex court has said that the president or the governor is free to decide whether circumstances indeed exist for introduction of ordinance.
US and British constitution does not have provision for promulgating Ordinance

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