Question

What is the maximum life of Presidential Ordinance?

• A. 3 months + 6 weeks
• B. 6 months + 3 weeks
• C. 6 months + 6 weeks
• D. 9 months

Hint:

Break down the lifespan of an ordinance into two parts: the time when Parliament is not in session (max 6 months), and the time after Parliament reconvenes (6 weeks). Adding them gives the maximum possible duration.

Answer 1

The Correct Option is C

Step 1: Understanding Presidential Ordinances
Under Article 123 of the Constitution, the President of India can issue an Ordinance when Parliament is not in session and immediate action is needed. An ordinance has the same force as an Act of Parliament but is a temporary law. The question asks for its maximum possible lifespan.

Step 2: Constitutional Provisions


Article 123(2)(a) states that an ordinance "shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament".
Article 85(1) states that the maximum gap between two sessions of Parliament cannot be more than six months.
Therefore, the maximum life of an ordinance can be calculated by considering the maximum time Parliament can be out of session, plus the additional time the ordinance survives after Parliament reassembles.

Step 3: Calculating the Maximum Life
Maximum gap between sessions = 6 months.
Time for which ordinance remains valid after reassembly = 6 weeks.
Maximum possible life = (Maximum gap between sessions) + (Time until expiration after reassembly)
Maximum Life = 6 months + 6 weeks.

Step 4: Final Answer
The maximum life of a Presidential Ordinance is 6 months and 6 weeks. Therefore, option (C) is the correct answer.