Q. With reference to the Indian polity, consider the following statements:

1. An Ordinance can amend any Central Act.
2. An Ordinance can abridge a Fundamental Right.
3. An Ordinance can come into effect from a back date.

Which of the statements given above are correct? (UPSC Prelims 2025)
Answer: I, II and III
Notes: The correct answer is [D] I, II and III. Under the Indian Constitution, the law-making power of the President (Article 123) and the Governor (Article 213) through Ordinances is co-extensive with the legislative power of the Parliament or State Legislature.

• Amend any Central Act (Statement I – Correct): Since an Ordinance has the "same force and effect" as an Act of Parliament, it can be used to amend or even repeal any existing Central Act. It can also amend or repeal another Ordinance.
• Abridge a Fundamental Right (Statement II – Correct): While this sounds controversial, an Ordinance is "law" under the definition provided in Article 13 of the Constitution. Therefore, just as Parliament can amend the Constitution or pass laws that reasonably restrict certain Fundamental Rights (subject to the Basic Structure doctrine and judicial review), an Ordinance can also do so. If the Parliament has the power to abridge a right, the President can do so via Ordinance during a recess.
• Effect from a back date (Statement III – Correct): An Ordinance can be retrospective in nature. It can be issued to take effect from a date prior to its promulgation, effectively validating actions taken in the past or changing the legal status of past events.

However, an Ordinance cannot be used to amend the Constitution itself. It is a temporary measure that must be laid before both Houses of Parliament and expires six weeks from the reassembly of Parliament unless approved.