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(b) may be withdrawn at any time by the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
|