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

Explanation : 

I. An Ordinance can amend any Central Act.

This statement is correct. Article 123 of the Constitution states that an Ordinance “shall have the same force and effect as an Act of Parliament.” This implies that an Ordinance can modify or repeal any Act of Parliament or another Ordinance. For example, the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, amended several Central Acts, including the Cinematograph Act, 1952, and the Customs Act, 1962.

II. An Ordinance can abridge a Fundamental Right.

This statement is incorrect. An Ordinance is subject to the same constitutional limitations as an Act of Parliament. This means that an Ordinance cannot abridge or take away any of the Fundamental Rights guaranteed by the Constitution. Article 13(2) of the Constitution explicitly states that “The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.” The term “law” in Article 13(3)(a) includes an Ordinance.

III. An Ordinance can come into effect from a back date.

This statement is correct. An Ordinance, like any other legislation, can be retrospective, meaning it may come into force from a back date. However, no retrospective effect can be given to an Ordinance if it prejudicially affects the interests of any person to whom such Ordinance may be applicable.

Based on the analysis of official sources, statements I and III are correct, while statement II is incorrect.

Final answer is : option c