SSC
Under Article 213, when the state legislature is not in session, the power to promulgate ordinances in a state rests with the:
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option B — Governor
Detailed Solution
Article 213 gives the Governor of a state the power to promulgate ordinances when the state legislature, or either House where there are two, is not in session and he is satisfied that circumstances exist that make immediate action necessary.
Conditions for issuing an ordinance:
- The legislature must not be in session.
- The Governor must be satisfied that immediate action is needed.
- He acts on the advice of the Council of Ministers headed by the Chief Minister.
- The ordinance can be issued only on matters on which the state legislature can make laws.
When the Governor needs the President's instructions:
- If a bill on the same subject would have needed the President's previous sanction for introduction, the Governor needs instructions from the President before issuing the ordinance.
- If a bill containing the same provisions would have been reserved for the President's consideration, the Governor also needs such instructions.
- If an Act containing the same provisions would have been invalid without the President's assent, instructions are needed as well.
Life of an ordinance:
- An ordinance must be laid before the state legislature when it reassembles.
- It ceases to operate six weeks after the reassembly, unless the legislature disapproves it earlier.
- The Governor can withdraw it at any time.
Same force as a law:
- An ordinance has the same force and effect as an Act of the state legislature.
- It can be challenged in court if it violates the Constitution.
Misuse of ordinances:
In the D.C. Wadhwa case (1987), the Supreme Court condemned the practice in Bihar of re-promulgating ordinances again and again without placing them before the legislature.
In the Krishna Kumar Singh case (2017), the Court held that such re-promulgation is a fraud on the Constitution.
Parallel provision at the Union level:
The President has a similar power under Article 123.
Why not the other options?
- ✗The Chief Minister advises the Governor but does not promulgate ordinances.
- ✗The Speaker and the Chief Justice of the High Court have no such power.
Quick tip
Remember: Article 213 = Governor's ordinance power; Article 123 = President's ordinance power.
💬 Discussions on this question
Ask a doubt ›Still stuck on this question? Ask our faculty and fellow students — answers appear here.
Ask a doubtMore State Executive & Legislature Questions
View all ›- Q1.'There shall be a Governor for each State' is provided under which Article?
- Q2.The Advocate General of a state is appointed by the:
- Q3.According to Article 164, the Chief Minister of a state is appointed by the:
- Q4.What is the minimum age required for appointment as the Governor of a state?
- Q5.In a state legislature, the prior recommendation of the Governor is required to introduce:
More General Knowledge Questions
- Q1.The techniques of Rasa and Bhava used in Indian classical dance trace their origin to which ancient text?Indian Dance Forms
- Q2.Lavani, Powada, Koli, Waghya Murali and Dhangari Gaja are folk dances of which state?Indian Dance Forms
- Q3.The one-act play associated with the Sattriya tradition of Assam is called:Indian Dance Forms
- Q4.Which dance form of Goa is known as the 'Warrior Dance'?Indian Dance Forms
- Q5.Manipuri dance is based on the Rasleela themes of:Indian Dance Forms
State Executive & Legislature — Preparation
This question tests your understanding of State Executive & Legislature, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers government at the state level: the Governor, the Chief Minister and the State Council of Ministers, the Advocate General, the State Legislature, including the legislative councils in states that have them, and the special provisions for certain states. Questions usually cover the appointment and powers of the Governor, the Governor's discretionary powers, which states have a bicameral legislature, and how a legislative council is created or abolished (Article 169). Remember that the Governor is appointed by the President and holds office during the President's pleasure. Practise the state executive and legislature questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.