What is the Power of Governor to promulgate Ordinances during recess of Legislature? Article 213 of Constitution of India, 1949
Power of Governor to promulgate Ordinances during recess of Legislature are defined under Article 213 of Constitution of India 1949. Provisions under this Article are:
Article 213 of Constitution of India "Power of Governor to promulgate Ordinances during recess of Legislature"
(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require:
Provided that the Governor shall not, without
instructions from the President, promulgate any such
Ordinance if-
a) a Bill containing the same provisions would under this
Constitution have required the previous sanction of the
President for the introduction thereof into the Legislature;
or
b) he would have deemed it necessary to reserve a Bill
containing the same provisions for the consideration of the
President; or
c) an Act of the Legislature of the State containing the
same provisions would under this Constitution have been
invalid unless, having been reserved for the consideration
of the President, it had received the assent of the
President.
(2) An Ordinance promulgated under this Article shall have
the same force and effect as an Act of Legislature of the
State assented to by the Governor, but every such Ordinance-
(a) shall be laid before the legislative Assembly of the
State, or where there is a Legislative Council in the State,
before both the House, and shall cease to operate at the
expiration of six weeks from the reassembly of the
Legislature, or if before the expiration of that period a
resolution disapproving it is passed by the Legislative
Assembly and agreed to by the Legislative Council, if any,
upon the passing of the resolution or, as the case may be,
on the resolution being agreed to by the Council ; and
(b) may be withdrawn at any time by the Governor
Explanation.- Where the Houses of the Legislature of a State
having a Legislative Council are summoned to reassemble on
different dates, the period of six weeks shall be reckoned
from the later of those dates for the purposes of this
clause.
(3) If and so far as an Ordinance under this Article makes
any provision which would not be valid if enacted in an Act
of the legislature of the State assented to by the Governor,
it shall be void:
Provided that, for the purposes of the provisions of this
Constitution relating to the effect of an Act of the
Legislature of a State which is repugnant to an Act of
Parliament or an existing law with respect to a matter
enumerated in the Concurrent List, an Ordinance promulgated
under this Article in the Concurrent List, an Ordinance
promulgated under this Article in pursuance of instructions
from the President shall be deemed to be an Act of the
Legislature of the State which has been reserved for the
consideration of the president and assented to by him.