Parliament & the Union executive

Answer: (c) I and III only

Statements I and III are correct; Statement II is wrong. An Ordinance has the same force as an Act of Parliament, so it can amend Central Acts and can be given effect from an earlier date, but it is void if it goes beyond what Parliament may enact, and Parliament cannot make a law that abridges a Fundamental Right.

• ✓ I Article 123(2) gives an Ordinance 'the same force and effect as an Act of Parliament'. The Enemy Property (Amendment and Validation) Second Ordinance, 2016, for example, amended the Enemy Property Act, 1968 and another Central Act.
• ✗ II Article 123(3) makes an Ordinance void if it contains anything Parliament cannot enact. Article 13(3)(a) says 'law' includes an Ordinance, and Article 13(2) bars the State from making any law that takes away or abridges a Fundamental Right.
• ✓ III An Ordinance can carry a retrospective date. The 2016 Enemy Property Second Ordinance, promulgated on 2 April 2016, was itself deemed to have come into force on 7 January 2016.

Remember · Ordinance (Art. 123) = same force as an Act, can amend Acts and be retrospective, but cannot go beyond Parliament's powers or abridge Fundamental Rights (Art. 13).

Question and answer: UPSC's official GS Paper I (2025, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink · Report an error

Answer: (a) I only

Article 72 gives the President the pardoning power, but Article 74 makes him act on the advice of the Council of Ministers, so he cannot use it on his own. The Supreme Court has held that its exercise is open to judicial review, though only in a limited form.

• ✓ I The Law Commission of India records that, in Epuru Sudhakar (2006), the Supreme Court held the President's power under Article 72 subject to a limited form of judicial review. NCERT likewise notes that courts have brought the powers of the President and Governor within judicial review.
• ✗ II Article 74(1) says the President shall, in exercising his functions, act in accordance with the advice of the Council of Ministers headed by the Prime Minister. He may ask the Council to reconsider once, but must then follow the advice given.

Remember · Pardon (Article 72) is exercised on Council of Ministers' advice (Article 74), and is open to limited judicial review.

📘 Read it in NCERT: Class 11 Indian Constitution at Work, Ch 6 (practise this chapter)

Question and answer: UPSC's official GS Paper I (2025, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink · Report an error

Answer: (c) I and III only

Statements I and III match Article 94: the Speaker stays in office after dissolution until just before the new House first meets, and can be removed only by a majority of all its then members after fourteen days' notice. Statement II is wrong, because the Constitution does not compel a Speaker to leave his party.

• ✓ I The second proviso to Article 94 says that when the House of the People is dissolved the Speaker does not vacate office until immediately before the first meeting of the new House.
• ✗ II No article requires this. Paragraph 5 of the Tenth Schedule only protects a Speaker who, by reason of his election, voluntarily gives up his party membership from disqualification; it does not make resignation compulsory.
• ✓ III Article 94(c) lets the House remove the Speaker by a resolution backed by a majority of all its then members, and the first proviso bars moving it without at least fourteen days' notice.

Remember · Speaker: stays on after dissolution until the new House meets; removed by a majority of all then members with 14 days' notice; no constitutional duty to quit the party.

Question and answer: UPSC's official GS Paper I (2025, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink · Report an error

Answer: (d) Neither I nor II

Both statements are wrong. Under the Tenth Schedule, questions of defection disqualification are decided by the Speaker or Chairman, not the President. And the Constitution does use the words 'political party', in the Tenth Schedule and in Article 361B.

• ✗ I Paragraph 6 of the Tenth Schedule sends a defection question to the Speaker (or Chairman) of the House, whose decision is final. The President decides only disqualifications under Article 102(1), and then acts on the opinion of the Election Commission, not of the Council of Ministers.
• ✗ II The Tenth Schedule, added by the Fifty-second Amendment in 1985, is built on 'political party', and Article 361B also uses the words.

Remember · Defection disqualification (Tenth Schedule) is decided by the Presiding Officer; the President decides Article 102(1) cases on the Election Commission's opinion. 'Political party' is in the Constitution.

Question and answer: UPSC's official GS Paper I (2025, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink · Report an error