Legislative Power of The Governor

Legislative Power of The Governor

- Constitution of India

Chapter IV - Legislative Power of the Governor

 

Article 213 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 Ordinances 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 the 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 Houses, 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(b) may be withdrawn at any time by the Governor.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 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.


Constitution of India

Preamble
Union and its Territory
Citizenship
Fundamental Rights
General Fundamental Rights
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Saving of Certain Laws
Right to Constitutional Remedies
Directive Principles Of State Policy
Fundamental Duties
Union
Executive
President and Vice President
Council of Ministers
Attorney General for India
Conduct of Government Business
Parliament
General Parliament
Officers of Parliament
Conduct of Business
Disqualifications of Members
Parliament and its Members
Legislative Procedure
Procedure in Financial Matters
Procedure Generally
Legislative Powers of the President
Union Judiciary
Comptroller and Auditor General of India
General The States
Governor
Advocate General for the State
State Legislature
General State Legislature
Officers of the State Legislature
Powers Privileges and Immunities
Legislative Power of The Governor
High Courts in the States
Subordinate Courts
States in Part B of the First Schedule
Union Territories
Panchayats
Municipalities
Scheduled and Tribal Areas
Relations Between The Union and the States
Legislative Relations
Administrative Relations
General Administrative Relations
Disputes relating to Waters
Co ordination between States
Finance Property Contracts and Suits
Finance
General Finance
Distribution of Revenues
Miscellaneous Financial Provisions
Borrowing
Property Contracts Rights and Suits
Right to Property
Trade Commerce and Intercourse Within the Territory
Services Under the Union and the States
Services
Public Service Commissions
Tribunals
Elections
Special Provisions Relating to Certain Classes
Official Language
Language of the Union
Regional Languages
Language of the Supreme Court
Special Directives
Emergency Provisions
Miscellaneous
Amendment of the Constitution
Temporary Transitional and Special Provisions
Short Title Commencement Authoritative
First Schedule
Second Schedule
Second Schedule Part A
Second Schedule Part B
Second Schedule Part C
Second Schedule Part D
Second Schedule Part E
Third Schedule
Fourth Schedule
Fifth Schedule
Fifth Schedule Part A
Fifth Schedule Part B
Fifth Schedule Part C
Fifth Schedule Part D
Sixth Schedule
Seventh Schedule
Eighth Schedule
Ninth Schedule
Tenth Schedule
Eleventh Schedule
Twelfth Schedule
Appendix I
Appendix II
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