Article 213 of the Constitution of India
📜 Article 213 of the Constitution of India – Power of Governor to Promulgate Ordinances during Recess of Legislature
🧾 Bare Text of Article 213:
Article 213(1):
If at any time, except when the Legislative Assembly 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 such Ordinances as the circumstances appear to him to require, provided that the Ordinance must be one that he would have had the power to enact if the Legislature had been in session.
➤ If there is a Legislative Council in the State, then the Governor must not make an Ordinance that requires approval of both Houses unless both Houses are not in session.
Article 213(2):
Every Ordinance promulgated under this article:
(a) shall have the same force and effect as an Act of the Legislature of the State;
(b) shall be laid before the Legislative Assembly (or both Houses if the State has a bicameral legislature); and
(c) shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, unless earlier:
Withdrawn by the Governor, or
Disapproved by a resolution of the Legislature.
📌 Note: The six-week period is calculated from the date the House or both Houses reassemble. If the Houses reassemble on different dates, then the six weeks are counted from the later date.
Article 213(3):
If an Ordinance makes any provision which would be invalid unless it were contained in an Act of the Legislature made under powers conferred by Parliament (under the Constitution), then the Governor shall not promulgate such an Ordinance without instructions from the President.
⚖️ Key Points & Interpretation:
Purpose:
Allows the Governor to legislate temporarily when the State Legislature is not in session.
Ensures that urgent matters are not delayed due to procedural limitations.
Nature of Ordinance:
It is a temporary law with the same force as a statute.
Must be approved by the Legislature within 6 weeks of reassembly, or it ceases to operate.
Limitations:
Cannot be issued on matters requiring President’s prior sanction, unless such instructions are obtained.
Cannot override constitutional limitations or act outside legislative competence.
Judicial Review:
Although the Governor’s satisfaction is subjective, it is not beyond judicial review. Courts can examine if:
There was no real emergency.
The ordinance was issued with malafide intent or to bypass the Legislature.
🏛️ Relevant Case Law:
🔹 Kaisar-i-Hind Pvt. Ltd. v. National Textile Corporation (2002)
Held that ordinances are subject to judicial review and cannot be used to circumvent legislative process.
🔹 R.C. Cooper v. Union of India (1970)
Clarified that President’s/Governor’s satisfaction under similar provisions is not absolute and can be questioned in courts.
🔹 D.C. Wadhwa v. State of Bihar (1987)
The Supreme Court strongly criticized the repeated re-promulgation of ordinances without placing them before the legislature.
"Ordinance-making power is not a parallel source of legislation. It is only a temporary power."
📌 Summary:
| Feature | Description |
|---|---|
| Who issues the Ordinance | Governor of the State |
| When | When State Legislature is not in session |
| Duration | Expires 6 weeks after reassembly, unless approved |
| Effect | Same as a State Law |
| Checks | Judicial review + Legislative approval |
| Limitations | Cannot override Constitution; needs President’s instruction in some cases |
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