Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the…

Question

Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

Ghissu Editorial · Accepted Answer

Under Article 213 the Governor may issue an ordinance only when the Legislature is not sitting, on ministerial advice, for genuine urgency and within State competence; it lapses six weeks after reassembly. Re-promulgation without laying was held unconstitutional in D.C. Wadhwa (1986) and Krishna Kumar Singh (2017).

**Introduction**

Article 213 lets the Governor make law by ordinance, but in Krishna Kumar Singh (2017) a seven-judge bench called its abuse a fraud on the Constitution, since an ordinance only bridges sessions.

**Essential Conditions under Article 213**

1. **House not in session**: It can be issued only when the Assembly, or both Houses, is not sitting.
2. **Urgency and advice**: The Governor must be satisfied that immediate action is needed, acting on ministerial advice under Article 163 (Shamsher Singh, 1974); after the 44th Amendment this satisfaction is reviewable.
3. **Limits of content**: It is void wherever a State Act would be void, and needs the President's instructions where a Bill would need his sanction or reservation.
4. **Laying and lapse**: It must be laid before the Legislature and lapses six weeks after reassembly.

**Legality of Re-promulgation without Legislative Scrutiny**

SKETCH: comparison | Ordinance Use vs Abuse
a: Valid ordinance
b: Re-promulgation
- Urgency between sessions :: Habitual substitute for law
- Laid before the House :: Never placed
- Six-week life :: Kept alive for years
- Legislature has final word :: Executive legislates alone

1. **D.C. Wadhwa (1986)**: Bihar re-promulgated 256 ordinances between 1967 and 1981, some for 14 years; the Court held this unconstitutional usurpation of legislative power.
2. **Krishna Kumar Singh (2017)**: Laying is mandatory and re-promulgation is a fraud on the Constitution, open to judicial review.
3. **Narrow exception**: Only fresh, proven urgency can justify re-issue; Kerala's 11 lapsed ordinances in 2022 show the dispute persists.

**Way Forward**

1. **Fewer gaps**: Fix minimum Assembly sittings, as the NCRWC (2002) urged, and require a reasoned statement of urgency with each ordinance.

**Conclusion**

An ordinance is lawful only as a brief bridge back to the Legislature. Re-promulgation without laying is unconstitutional, and restraint protects legislative supremacy.

Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

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