Ordinance – Making power of Governor | Indian Constitution Download PDF
The Governor’s power to make Ordinances [Art. 213], having the force of an Act of the State Legislature, is similar to the Ordinance-making power of the President in the following respects :
(a) The Governor shall have this power only power of when the Legislature, or both Houses thereof, are not Governor.
(b) It is not a discretionary power, but must be exercised with the aid and advice of ministers;
(c) The Ordinance must be laid before the State Legislature when it re-assembles, and shall automatically cease to have effect at the expiration of six weeks from the date of re-assembly, unless disapproved earlier by that Legislature.
(d) The Governor himself shall be competent to withdraw the Ordinance at any time.
(e) The scope of the Ordinance-making power of the Governor is co-extensive with the legislative powers of the State Legislature, and shall be confined to the subjects in Lists II and III of Sch. VII.
But as regards repugnancy with a Union law relating to a concurrent subject the Governor’s Ordinance will prevail notwithstanding repugnancy, if the Ordinance had been made in pursuance of ‘instructions’ of the President.
The peculiarity of the Ordinance-making power of the Governor is that he cannot make Ordinances without ‘instructions’ from the President if—
(a) A Bill containing the same provisions would under the Constitution have required the previous sanction of the President for the introduction thereof into the Legislature;11 or (b) the Governor would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President;12 or (c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President [Art. 213],
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