Hello sir, I have a
doubt regarding this question on ordinance making power of president. Sir the
3rd provision was added through a Supreme Court judgement and later supported
by the 44th amendment so can we say it's a provision added by constitutional
fathers?
Who are constitutional fathers?
My understanding is the members of the constituent assembly
Yes
I dint get you sir
Well, the constituent Assembly
members were the fathers.
Every amendment is a result of
the provisions provided by the original version
The fathers enabled the
constitution to be amended
I would therefore go by the
original version of the constitution to see what they say about ordinances
So then is statement
3 Incorrect with respect to the original provisions of the constitution?
Sir, as such even now
the constitution doesn't have it explicitly written that 'it can be questioned
in court on the basis of malafide.' This was a court interpretation....
Is 4 part of the constitution or
is an explanation or a commentary?
It ceases to exist if parliament doesn't pass it in 6 weeks sir n this
is written in the constitution itself
Yes sir it’s inherent
Good. Another operative word in
the question is 'imply'
I am subject to correction, but I
would go with B
1,2&4 sound logical and 3 is
a subsequent interpretation
So subsequent interpretations can't be taken for original provision
even though amendments which enable including these provisions are originally
part of the constitution
Yes
They do form part of the
constitution after passed by the parliament and will have the same force.
However, as the name goes, they are amendments
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