Article 213 of the Costitution of India with Case law
🇮🇳 Article 213 of the Constitution of India
Topic: Power of Governor to Promulgate Ordinances during recess of Legislature
🔹 Text of Article 213 (Summarized):
Clause (1):
If the Legislative Assembly (or both Houses in a bicameral legislature) is not in session, and the Governor is satisfied that circumstances exist requiring immediate action, the Governor may promulgate an Ordinance having the same force and effect as a law passed by the legislature.
Clause (2):
An Ordinance must be laid before the Legislature and will cease to operate:
Six weeks from the reassembly of the Legislature, or
If it is disapproved by a resolution before that.
Clause (3):
The Governor cannot promulgate an ordinance in cases where a law would require the President’s prior instructions under Articles 200 or 201.
📘 Purpose:
Article 213 empowers the Governor to address urgent matters through Ordinances when the State Legislature is not in session. This is a temporary legislative power, similar to the President’s power under Article 123.
📌 Conditions for Valid Ordinance under Article 213:
| Condition | Requirement |
|---|---|
| Legislature not in session | Assembly (and Council, if bicameral) must be in recess |
| Urgency | Governor must be satisfied that immediate action is needed |
| Ordinance must be laid before legislature | Upon reassembly |
| Validity | Maximum 6 weeks after legislature reassembles, unless earlier repealed |
⚖️ Important Case Laws on Article 213:
🔹 1. A.K. Roy v. Union of India (1982) 1 SCC 271
Held: Ordinance-making power is not immune from judicial review.
The Governor’s satisfaction can be questioned in court if malafide or based on irrelevant grounds.
Ordinance = law, hence must meet constitutional standards.
🔹 2. D.C. Wadhwa v. State of Bihar (1987) 1 SCC 378
Though it dealt with Article 123 (President), it equally applies to Article 213.
Held: Re-promulgation of ordinances without legislative intent to pass a law is a fraud on the Constitution.
Repeated ordinances without placing them before the legislature is unconstitutional.
🔹 3. Krishna Kumar Singh v. State of Bihar (2017) 3 SCC 1
Landmark case extending D.C. Wadhwa.
Held:
Re-promulgation of ordinances is unconstitutional.
Ordinances cease to operate after 6 weeks unless converted into law.
Rights and actions taken under lapsed ordinances do not survive unless saved by law.
🔹 4. State of Punjab v. Satpal Dang (1969 AIR 903)
Reiterated that Governor's ordinance-making power is subject to judicial review, although discretionary.
🧾 Real-World Example:
During emergencies like COVID-19 lockdowns, several state governments issued ordinances under Article 213 to:
Impose fines,
Modify labor laws temporarily,
Set up relief funds.
✅ Summary Table:
| Feature | Detail |
|---|---|
| Applicable To | States |
| Promulgated By | Governor |
| When? | When legislature is not in session |
| Power Source | Article 213 |
| Maximum Validity | 6 weeks after reassembly of legislature |
| Subject to Judicial Review? | ✅ Yes (A.K. Roy, D.C. Wadhwa) |
| Re-promulgation allowed? | ❌ No, unless with legislative intent (Krishna Kumar Singh case) |
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