Under which Article of the Constitution of India, the Governor has the power to promulgate ordinances during recess of Legislature?

Question

UnlockIAS · Accepted Answer

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.

Why the other options are wrong — (a) Article 155 deals with the appointment of the Governor (by the President) — not ordinance-making.  (b) Article 156 fixes the Governor's term of office (holds office during the President's pleasure) — not ordinances.  (c) Article 212 bars courts from inquiring into the proceedings of the State Legislature — unrelated to ordinances.

Concept: 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.

State PCS 2018 Q40 — Indian Polity PYQ with Answer

State PCS 2018 Q40 — Indian Polity PYQ with Answer