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. (Answer in 250 words)

Article 213 permits a Governor to promulgate an ordinance when the State Legislature is not in session and immediate action is necessary. It is an exceptional legislative power, not an alternative law-making route.

Essential conditions

• The Legislative Assembly, or both Houses where applicable, must not be in session.
• The Governor must be satisfied that circumstances requiring immediate action exist; the satisfaction is subject to limited judicial review.
• The ordinance cannot contain provisions beyond the State Legislature’s legislative competence or violate Fundamental Rights.
• Presidential instructions are required where a Bill with the same provisions would need prior reservation or where the Governor could not assent without instructions.
• It must be laid before the Legislature and ceases six weeks after reassembly unless replaced by an Act; it can also be withdrawn earlier.

Re-promulgation

In D.C. Wadhwa v. State of Bihar, repeated re-promulgation was called a fraud on the Constitution. The Constitution Bench in Krishna Kumar Singh v. State of Bihar held that legislative placement is mandatory and re-promulgation without exceptional justification is unconstitutional. Temporary ordinances cannot create a parallel executive legislature.

Conclusion

Ordinances must remain urgent, temporary and accountable, with legislative scrutiny restoring democratic legitimacy.

Article 213; immediate action; six weeks; D.C. Wadhwa; Krishna Kumar Singh; legislative scrutiny.