Actual Article
Article 213: Power of Governor to promulgate Ordinances during recess of Legislature
- If at any time, except when the Legislature of a State is in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate an Ordinance as the circumstances appear to him to require.
- 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 Legislature of the State 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 resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
- (b) may be withdrawn at any time by the Governor.
- Notwithstanding anything in the foregoing clauses, if and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.
UPSC Notes for Article 213
Explanation:
- Governor’s Power to Promulgate Ordinances: Article 213 empowers the Governor of a state to issue Ordinances during times when the state legislature is not in session and urgent legislative action is required. This provides a mechanism for immediate legislative action to address pressing issues that cannot wait for the legislative body to convene.
- Force and Duration of Ordinances: Ordinances issued under this article carry the same force as laws passed by the state legislature. However, they are temporary and must be presented to the state legislature once it reconvenes. They cease to operate six weeks after the legislature has reconvened unless approved or explicitly disapproved earlier.
- Constitutional Limitations: Any Ordinance that includes provisions outside the competence of the state, which only the Parliament could enact, is deemed void. This clause ensures that the Governor’s power to promulgate Ordinances does not overstep the jurisdictional boundaries set by the Constitution.
Key Points:
- Emergency Legislative Power: This article underscores the Governor’s role in emergency legislative processes, ensuring governance continuity during periods when the legislature is not in session.
- Checks and Balances: The requirement for Ordinances to be reviewed by the state legislature once it is back in session places a check on the Governor’s power, aligning with democratic principles by subjecting such emergency laws to legislative scrutiny.
Important Cases and Commissions Related to Article 213
Cases:
- D.C. Wadhwa vs. State of Bihar: The Supreme Court ruled against the misuse of the power of ordinance-making, particularly the practice of re-promulgating ordinances without proper justification, emphasizing the need for legislative review and approval.
Commissions:
- Administrative Reforms Commission: May have discussed the need for refining the ordinance-making power to prevent its misuse while ensuring effective administrative governance.
Important Reports Related to Article 213:
- Law Commission Reports: Might include recommendations on improving the mechanisms and guidelines for ordinance-making to ensure that it remains a tool for urgent matters rather than a regular legislative practice.
Previous Year Prelims Questions Related to Article 213
- (UPSC Prelims 2016) Under what conditions can a Governor promulgate an Ordinance?
- A. Only when the legislature is in session
- B. Anytime, irrespective of the legislative session
- C. When the legislature is not in session and immediate action is necessary
- D. Without any specific conditions Correct Answer: C. When the legislature is not in session and immediate action is necessary
- (UPSC Prelims 2018) What happens to an Ordinance if it is not approved by the state legislature within six weeks of its reassembly?
- A. It becomes a permanent law
- B. It is automatically extended for another six weeks
- C. It ceases to operate
- D. It must be approved by the Governor again Correct Answer: C. It ceases to operate
Previous Year Mains Questions Related to Article 213
- Mains 2016: “Analyze the constitutional provisions regarding the Governor’s power to promulgate Ordinances under Article 213.”
- Mains 2019: “Discuss the implications of the Ordinance-making power of the Governor as a tool for emergency governance and its potential for misuse.”
Additional Insights:
- Governance Flexibility: Article 213 provides necessary flexibility in governance, allowing for responsive legislative action in emergencies.
- Democratic Oversight: The inclusion of a mechanism for legislative review ensures that the use of this power remains within democratic frameworks, maintaining a balance between necessary executive action and legislative oversight.
Understanding Article 213 is crucial for UPSC aspirants as it provides insights into the emergency legislative powers of the Governor and the constitutional checks in place to regulate such powers. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the balance between executive authority and legislative oversight.