Ordinance Making Power of Governor
Ordinance Making Power of the Governor
🧾 What is an Ordinance?
An Ordinance is a law promulgated by the Governor of a State when the State Legislature is not in session.
It has the same force and effect as a law passed by the State Legislature but is a temporary measure.
Ordinances are meant to meet urgent legislative needs when the legislature cannot immediately convene.
⚖️ Constitutional Provisions:
The Governor’s ordinance-making power is derived from Article 213 of the Indian Constitution.
Article 213 states:
“When the Legislative Assembly of a State is not in session, the Governor may promulgate such Ordinances as the circumstances appear to him to require.”
🛠️ Key Features of Governor’s Ordinance-Making Power:
| Feature | Explanation |
|---|---|
| When can it be used? | Only when the State Legislature is not in session. |
| Scope of power | Governor can promulgate ordinances on any subject on which the legislature can make laws. |
| Temporary validity | Ordinance lasts for 6 weeks after the legislature reassembles. If not approved, it ceases to operate. |
| Urgency | Must be used only in urgent and extraordinary situations. |
| Discretionary power? | The Governor acts on the aid and advice of the Council of Ministers, so it’s not absolute personal discretion. |
| Limitations | Cannot be used to bypass legislature permanently; must get legislative approval eventually. |
🔄 Process:
State Legislature not in session → Governor may issue Ordinance.
Ordinance takes effect immediately as law.
When the legislature reconvenes, the Ordinance must be approved within 6 weeks or it will cease to operate.
If the legislature rejects the Ordinance, it lapses and cannot be re-promulgated on the same issue repeatedly.
🧑‍⚖️ Important Points:
The Governor cannot promulgate an ordinance without the recommendation of the Council of Ministers.
Ordinances are meant for temporary legislation only and are subject to judicial review.
Ordinances cannot override fundamental rights or violate the Constitution.
🧑‍⚖️ Judicial Interpretation & Cases:
D.C. Wadhwa v. State of Bihar (1987)
The Supreme Court held that the ordinance power is extraordinary and exceptional and cannot be used to bypass the legislature or create laws indefinitely.
Deep Chand v. State of Punjab (1959)
Held that ordinances are a substitute for laws passed by legislature, valid only for a limited period.
Rameshwar Prasad v. Union of India (2006)
The court clarified that ordinances cannot be used to circumvent democratic processes.
🧑‍🏫 Summary Table:
| Aspect | Details |
|---|---|
| Constitutional Article | Article 213 |
| Who can promulgate? | Governor of the State |
| Condition | Legislature not in session |
| Validity | Until 6 weeks after legislature reconvenes |
| Requirement | Recommendation of Council of Ministers |
| Limitations | Temporary, cannot violate Constitution |
✨ Conclusion:
The Governor’s ordinance-making power is a temporary emergency provision to ensure governance during legislative recess. It is not a substitute for regular legislation and must be exercised sparingly and under strict constitutional limits to protect the democratic legislative process.
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