Indian Polity : President

Q 6 / 8

UPSC CSE Prelims 2003

Under which Article of the Indian Constitution did the President give his asset to the ordinance on electoral reforms when it was sent back to him by the Union Cabinet without making any changes (in the year 2002)?

EXPLANATION

Correct Option

Article 123 of the Indian Constitution empowers the President to promulgate ordinances when Parliament is not in session and circumstances require immediate legislative action. In 2002, the President initially referred the ordinance on electoral reforms back to the Union Cabinet for reconsideration. However, when the Cabinet resent the same ordinance without any changes, the President was constitutionally obliged to give assent. This obligation stems from the principle established by the 44th Constitutional Amendment Act, 1978, which mandates the President to assent to a bill (or ordinance in this context) if it is passed again by Parliament (or resent by the Cabinet) after reconsideration.

Incorrect Options

Article 121: This Article places restrictions on discussion in Parliament regarding the conduct of any judge of the Supreme Court or a High Court in the discharge of their duties, except when a motion for their removal is under consideration.

Article 122: This Article states that the validity of any proceedings in Parliament shall not be called into question in any court on the ground of alleged irregularity of procedure.

Article 124: This Article pertains to the establishment and constitution of the Supreme Court of India, including provisions for the appointment of judges, their tenure, and removal.

SOURCEIndian Polity by M. Laxmikanth, Chapter 17: President