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Difficulty: HardState Executive and Legislature: Governor, CM, and State Assemblies

With reference to the ordinance-making power of the Governor under Article 213 of the Constitution of India, which of the following statements are correct?

  1. An ordinance promulgated by the Governor ceases to operate at the expiration of six weeks from the reassembly of the State Legislature.Answer
  2. The Governor can promulgate an ordinance when either of the two Houses in a bicameral State Legislature is not in session.Answer
  3. C
    The Governor requires a prior formal resolution passed by the State Legislative Assembly before promulgating any ordinance.
  4. D
    Prior instructions from the President are mandatorily required for the Governor to promulgate any ordinance concerning matters listed in the Concurrent List.

Answer

The correct statements are that an ordinance promulgated by the Governor ceases to operate at the expiration of six weeks from the reassembly of the State Legislature, and that the Governor can promulgate an ordinance when either House of a bicameral legislature is not in session.
The statements confirming the six-week lifespan post-reassembly and allowing promulgation when either House is out of session correctly reflect the provisions of Article 213 of the Constitution of India.

Step-by-Step Solution

1
Analyze the session requirement for promulgating an ordinance under Article 213.
In a bicameral legislature, a legislation requires passage by both Houses. If either House is not in session, law-making is stalled, empowering the Governor to promulgate an ordinance.
To ensure emergency law-making capability when normal parliamentary procedure cannot be completed.
2
Evaluate the tenure and parliamentary approval window for state ordinances.
An ordinance must be laid before the State Legislature upon reassembly and ceases to operate at the expiration of six weeks from reassembly unless disapproved sooner.
Article 213(2)(a) sets six weeks from the reassembly date as the upper limit for temporary executive legislation without parliamentary confirmation.
3
Verify executive procedure and presidential instruction provisos.
Ordinances are promulgated on cabinet advice (not assembly resolution), and presidential instructions are restricted to three specific proviso cases under Article 213(1).
Concurrent List subjects do not generically mandate presidential prior sanction unless conflicting with a Parliamentary law or constitutional requirement.

Key Concept

Ordinance-making Power of the Governor (Article 213)
Estimated Time:1m 30s
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Topics

State Executive and Legislature: Governor, CM, and State Assemblies

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