Which one of the following statements regarding the Ordinance-making power of the President of India is incorrect

1
President can promulgate an ordinance only when both the Houses of Parliament are not in session. 
2
An ordinance can be issued only on those subjects on which the Parliament can make laws.  
3
In case of non-approval by the Parliament, the maximum life of an ordinance can be six months and six weeks. 
4
Fundamental Rights cannot be taken away through promulgation of ordinance by the President

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