Discuss the power of the Governor to promulgate Ordinances. [MPJS 2015]

Question: Discuss the power of the Governor to promulgate Ordinances. [MPJS 2015]

Find the answer to the mains question only on Legal Bites. [Discuss the power of the Governor to promulgate Ordinances.]

Answer

The ordinance-making power is the most important legislative power of the President and the Governor. Section 213 of the Indian Constitution deals with the power of the ordinance making power of the Governor, which is similar to the Power of President in Article 123. The power has been vested in them to deal with unforeseen or urgent situations. The Governor of a state can issue ordinances under Article 213 of the Constitution only when two conditions are fulfilled;

1. The governor can only issue ordinances when the legislative assembly of a state both houses in session and where there are two houses in a state both houses are not in session.
2. The governor must be satisfied that circumstance exists which renders it necessary for him to take immediate action.

The court cannot question the validity of the ordinance on the ground that there was no necessity or sufficient ground for issuing the ordinance by the governor. The existence of such necessity is not a justiciable discretionary. The exercise of ordinance-making power is not discretionary. The governor exercises this power on the advice of the cabinet. However, there are three circumstances under which the Governor cannot issue an ordinance. They are:

• If the ordinance has the provisions which of embodied in a bill would require the president’s sanction.
• If the ordinance has certain provisions which the Governor would have reserved for the President in case it was a Bill.
• If the State Legislature has an act with similar provisions and the same would be declared invalid without the President’s assent.

All ordinances promulgated by the Governor in the state have the same effect and force. The ordinance must be laid before the state legislature when it reassembles and it must be upheld by the State legislature, failure to which the ordinance would be invalid.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. Constitutional Law Mains Questions Series Part-I
2. Constitutional Law Mains Questions Series Part-I
3. Constitutional Law Mains Questions Series Part-II
4. Constitutional Law Mains Questions Series Part-IV
5. Constitutional Law Mains Questions Series Part-V
6. Constitutional Law Mains Questions Series Part-VI
7. Constitutional Law Mains Questions Series Part-VII
8. Constitutional Law Mains Questions Series Part-VIII
9. Constitutional Law Mains Questions Series Part-IX
10. Constitutional Law Mains Questions Series Part-X