Article 213 of Constitution of India – Power of Governor to promulgate Ordinances during recess of Legislature
Article 213 of Constitution of India deals with Power of Governor to promulgate Ordinances during recess of Legislature
Original Text of Article 213 of Constitution of India
(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if—
(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; 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.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance—
(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.—Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of
the Legislature of the State which has been reserved for the consideration of the President and assented to by him.
Questions related to Article 213 of Constitution of India
Article 213 allows the Governor of a State to promulgate ordinances when the Legislature is not in session and immediate action is needed, as per the Constitution of India.
Yes, ordinances have the same force and effect as laws passed by the Legislature, but they must be approved by the State Legislature within six weeks of reassembly, under the Articles of Indian Constitution.
No, the Governor must act on the aid and advice of the Council of Ministers when issuing an ordinance, which has been reaffirmed in various rulings found on Indian Kanoon.
If the ordinance is not approved within six weeks from the reassembly of the Legislature, it ceases to operate, according to the provisions in Article 213 of the Indian Constitution.
You can explore Indian Kanoon for case laws, constitutional debates, and judicial interpretations related to the Governor’s ordinance-making powers under Article 213.
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