Governor's ordinance-making power
Also called: Article 213 · Topic: State Government: Governor, Chief Minister, State Legislature and Union Territories · NCERT: Beyond NCERT
Meaning
Article 213 lets the Governor make an ordinance, a temporary law that has the same force as an Act of the state legislature. The Governor can do this only when the legislature is not sitting and quick action is needed. The ordinance ends six weeks after the legislature meets again unless the House passes it as a law. In some cases the President's instructions are needed first. This applies when the same bill would have needed the President's approval or would have been sent to the President.
Example
In D.C. Wadhwa (1986), the Supreme Court exposed Bihar's habit of issuing the same ordinances again and again instead of passing laws. In Krishna Kumar Singh (2017), a seven-judge bench called such re-promulgation a "fraud on the Constitution". It also held that courts can review ordinances.
Don't confuse with
- President's ordinance power (Art. 123): This works the same way but for Union laws when Parliament is not in session. The Governor's power covers state matters only, and some state ordinances need the President's instructions.