Under which Article of the Constitution of India, the Governor has the power to promulgate ordinances during recess of Legislature?
- (a)155
- (b)156
- (c)212
- (d)213
Correct — D, Article 213. Article 213 empowers the Governor, when the State Legislature (or, in a bicameral state, the House whose passage is needed) is not in session, to promulgate an ordinance if immediate action is required. Such an ordinance has the same force as an Act of the Legislature but must be laid before the House when it reassembles and ceases to operate six weeks after reassembly (unless approved earlier or disapproved). It is the state-level parallel of the President's power under Article 123.
- (a)155 — Article 155 deals with the appointment of the Governor (by the President) — not ordinance-making.
- (b)156 — Article 156 fixes the Governor's term of office (holds office during the President's pleasure) — not ordinances.
- (c)212 — Article 212 bars courts from inquiring into the proceedings of the State Legislature — unrelated to ordinances.
An ordinance is temporary legislation issued by the executive when the legislature is not in session and immediate law is needed. At the Centre the President uses Article 123; in the states the Governor uses Article 213. The Governor acts on the advice of the Council of Ministers, and the ordinance must be placed before the Legislature and approved within six weeks of its reassembly, or it lapses. Some ordinances (those on subjects where a Bill would need the President's prior sanction) require the President's instructions.
Group the 'Governor/State executive' articles (153–162). Ordinance power sits at 213, mirroring the President's 123. Options 155 and 156 are Governor articles but about appointment and term; 212 is about legislative proceedings — so 213 is the ordinance article.
- Article 213 — Governor's power to promulgate ordinances during recess of the State Legislature.
- Article 123 — the President's parallel ordinance power at the Union level.
- An ordinance must be laid before the Legislature and lapses six weeks after it reassembles unless approved.
- Article 155 = appointment of Governor; 156 = term of office; 212 = courts not to inquire into legislative proceedings.
Article 213 is the state parallel of Article 123 — executive law-making during a legislative recess.
- Mixing up Article 123 (President) with Article 213 (Governor)
- Picking 155/156, which concern the Governor's appointment and term, not ordinances
Both MPPSC and UPSC ask the article number for the Governor's/President's ordinance power and the conditions/lapse rules. Anchor: 123 = President, 213 = Governor; six-week lapse after reassembly.
Under which Article of the Indian Constitution did the President give his assent to the ordinance on electoral reforms when it was sent back to him by the Union Cabinet without making any changes (in the year 2002)?
- (a) Article 121
- (b) Article 122
- (c) Article 123
- (d) Article 124
Answer(c) Article 123
Same concept — the executive's ordinance-making power during a legislative recess; Article 123 (President, when Parliament is not in session) is the exact Union parallel of Article 213 (Governor, when the State Legislature is not in session).
- practice — not a real PYQ
The President's power to promulgate ordinances when Parliament is not in session is given under:
- (a)Article 111
- (b)Article 123
- (c)Article 213
- (d)Article 356
Answer(b) Article 123.
- practice — not a real PYQ
An ordinance promulgated by the Governor must be approved by the State Legislature within how long after it reassembles, failing which it lapses?
- (a)two weeks
- (b)six weeks
- (c)three months
- (d)six months
Answer(b) six weeks from the reassembly of the Legislature.