Question 261
The governor's ordinance-making power is given under:
- AOption (a)
Article 200
- BOption (b)
Article 213
- COption (c)
Article 356
- DOption (d)
Article 368
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Correct answer
Article 213
Why this answer is correct
The correct answer is Article 213.
Key Points
- Article 213 of the Indian Constitution grants the Governor of a state the authority to promulgate ordinances during the recess of the State Legislature.
- This legislative power is exercised only when the Governor is satisfied that circumstances exist which require immediate action and the Legislative Assembly (or both Houses in bicameral states) is not in session.
- An ordinance issued under this article possesses the same legal force and effect as an Act of the State Legislature, but it is a temporary measure.
- Every ordinance must be laid before the State Legislature once it reassembles; it ceases to operate at the end of six weeks from the date of reassembly unless it is passed or withdrawn earlier.
- The Governor cannot issue an ordinance without Presidential instructions if a similar Bill would have required the President’s prior sanction or if the Governor would have reserved such a Bill for the President’s consideration.
Additional Information
- Article 200:
- Defines the procedure for Assent to Bills passed by the state legislature.
- The Governor can grant assent, withhold assent, return the bill for reconsideration, or reserve it for the President’s consideration.
- Article 356:
- Commonly known as President’s Rule, it deals with the failure of constitutional machinery in a state.
- It allows the President to assume the functions of the State Government upon receiving a report from the Governor.
- Article 368:
- Outlines the Power of Parliament to amend the Constitution of India.
- It specifies the procedures for amendment, including Special Majority and ratification by states for certain federal provisions.
- Article 123:
- Provides the President of India with the power to promulgate ordinances at the Union level when Parliament is not in session.