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Answer

Correct Option is Only 2

Article 123 of the Constitution empowers President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament but are in the nature of temporary laws. In Cooper case (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide. This means that the decision of the President to issue an ordinance can be questioned in a court on the ground that the President has prorogued one House or both Houses of Parliament deliberately with a view to promulgating an ordinance on a controversial subject. His ordinance-making power is coextensive as regards all matters except duration, with the law-making powers of the Parliament. (a) An ordinance can be issued only on those subjects on which the Parliament can make laws. (b) An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights. Hence only statement 2 is correct.

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