📜 Article 213 of the Indian Constitution
Title: Power of Governor to promulgate Ordinances during recess of Legislature
🔹 Text Summary:
Article 213 empowers the Governor of a State to promulgate Ordinances (temporary laws) when the Legislature is not in session, and immediate action is necessary.
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | If the Legislative Assembly (or both Houses, in bicameral states) is not in session and the Governor is satisfied that immediate action is necessary, they may promulgate an Ordinance having the same force as a law passed by the Legislature. |
| (2) | The Ordinance must be laid before the Legislature when it reassembles. |
| It ceases to operate at the end of six weeks from the reassembly unless: | |
| — It is approved by the Legislature, or | |
| — Withdrawn earlier by the Governor. | |
| (3) | The Governor cannot promulgate an Ordinance: |
| — Without the instruction of the President if: |
-
A Bill containing the same provisions would require Presidential assent under the Constitution. |
🧠 Key Takeaways:
-
Ordinance = Temporary law issued by the Governor.
-
Can be issued only when the Legislature is not in session.
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Must be approved by the Legislature within 6 weeks of its reassembly.
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Cannot be used as a substitute for regular legislation.
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The President’s instructions are required in certain special cases.
🏛️ Real-Life Example:
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In 2020, the Madhya Pradesh Governor promulgated an ordinance to amend laws related to public health during the COVID-19 emergency when the Assembly was not in session.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 123 | President’s power to promulgate Ordinances |
| 213 | Governor’s power to promulgate Ordinances |
| 174 | Governor's power to summon and dissolve Assembly |
| 167 | Duties of Chief Minister to the Governor |
📊 Ordinance-Making Power: Union vs State
| Feature | President (Article 123) | Governor (Article 213) |
|---|---|---|
| Can issue ordinance | When Parliament not in session | When State Legislature not in session |
| Needs approval within | 6 weeks of reassembly | 6 weeks of reassembly |
| Instruction required | No | Yes, in certain cases (Article 213(3)) |
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