Answer Posted / vikram sahasrabudhe
Both the earlier answers given to this question are wrong,
though no malice is intended.
1) Ordinance simply put is a law made by the executive. In
a democracy like India wherein the principle of seperation
of powers, it is the prerogative of the legislature to make
laws. However if the parliament is not in session and when
such extra-ordinary unforeseen and emergent circumstances
exist wherein the legislation can't wait, then the
President is empowered under the article 123 to legislate
by promulgating ordinances. Ordinances carry the full force
of a law similar to one made by the legislature which also
implies that it has similar limitations like ordinary laws
i.e an ordinance is null and void if it violates
fundamental rights etc. POTO ( Prevention of Terrorism
Ordinance ) which later became POTA ( Prevention of
Terrorism Act ) when the Parliament approved it in a joint
sitting, was an example of an Ordinance.
2) The second answer is a very closer one infact but the
mistake being its not six months , rather its six weeks.
| Is This Answer Correct ? | 101 Yes | 21 No |
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