Solution:Although in British India, the Viceroy was empowered to promulgate ordinance without the permission of Legislative Council under the Indian Council Act, 1861 However, the President's power to promulgate ordinance (Art. 123) is inspired by section 42 of Government of India Act, 1935.Govt of India Act 1935 - Diarchy at the centre
1. The subjects under the Federal List were divided into two: Reserved and Transferred.
2. The reserved subjects were controlled by the Governor-General who administered them with the help of three counsellors appointed by him. They were not responsible to the legislature. These subjects included defence, ecclesiastical affairs (church-related), external affairs, press, police, taxation, justice, power resources and tribal affairs.
3. The transferred subjects were administered by the Governor-General with his Council of Ministers (not more than 10). The Council had to act in confidence with the legislature. The subjects in this list included local government, forests, education, health, etc.
4. However, the Governor-General had 'special powers to interfere in the transferred subjects also.