Ordinance Making Power of President and Governor Compared | Indian Constitution Download PDF
The Ordinance-making powers of the President and a Governor may be graphically presented as follows:
|1. Can make Ordinance only when either of the two Houses of is not in session.||1. Can make Ordinance only when the State Legislature or either of the two Houses is not in session.|
|The President or Governor must be satisfied that circumstances exist which render it necessary for him to take immediate action|
|2. Ordinance has the same force and is subject to the. same limitations as an Act of Parliament||Ordinance has the same force and is subject to the same limitations as an Act of the State Legislature.
But as regards repugnancy with a Union law relating to a Concurrent subject, if the Governor’s Ordinance has been made in pursuance of ‘instructions of the President’, the Governor’s Ordinance shall prevail as if it were an Act of the State Legislature which had been reserved for the consideration of the President and assented to by him.
|3. (a) Must be laid before both Houses of Parliament when it re-assembles.
(b) Shall cease to operate on the expiry of six weeks
from the re- assembly of Parliament or, if, before that period, resolutions disapproving the Ordinance are passed by both Houses, from the date of the second of such resolutions.
|(a) Must be laid before the Legislative Assembly or before both Houses of the State Legislature (where it is bi-cameral), when the Legislature re-assembles.
(b) Shall cease to operate on the expiry of six weeks from the re- assembly of the State Legislature or, if before the expiry of that period, resolutions disapproving the Ordinance are passed by the Assembly or, where there are two Houses the resolution passed by the Assembly is agreed to by the Council, from the date of the passing of the resolution by the Assembly in the first case, and of the agreement of the Council in the second case