Legislative Power of the Governor: Ordinance-Making Power (Article 213)
Indian Polity › Governor · Topic 21.6
Under Article 213 the Governor, on the Chief Minister-led council’s advice, can issue ordinances when the legislature is not in session; they lapse six weeks after reassembly, some need the President’s instructions, and repromulgation is unconstitutional (D.C. Wadhwa).
5 min read · UPSC Prelims · Polity · Governor
At a Glance
- What it is The Governor’s power to make ordinances when the legislature is not in session
- Article Article 213
- Life Six weeks from reassembly
- Limit Some ordinances need the President’s instructions
- Exam link UPSC Prelims, Polity: Governor
Where Does It Fit?
This is the sixth topic of the category on the Governor. The Governor is an integral part of the state legislature. The ordinance-making power is the most important legislative power of the Governor.
Legislative Powers of the Governor
The Governor can summon or prorogue the legislature and dissolve the assembly; address the legislature at the first session after each general election and the first session of each year; send messages on pending bills; appoint any member of the assembly or council to preside when the offices of Speaker and Deputy Speaker, or Chairman and Deputy Chairman, are vacant; nominate one-sixth of the members of the council from experts in literature, science, art, the cooperative movement and social service; decide disqualification of members in consultation with the Election Commission; and lay before the legislature the reports of the State Finance Commission, the State Public Service Commission and the CAG on the state’s accounts. Before 2020 the Governor also nominated one Anglo-Indian member to the assembly.
Other Legislative Powers in Brief
| Power | Detail |
|---|---|
| Summon and prorogue | The Governor summons, prorogues and dissolves the assembly |
| Address | At the first session after each general election and the first session of each year |
| Messages | On bills pending or otherwise |
| Presiding member | Appoints a member to preside if both offices of Speaker and Deputy are vacant |
| Nominations | One-sixth of the council members |
| Disqualification | Decides in consultation with the Election Commission |
| Reports | Lays the State Finance Commission, SPSC and CAG reports |
| Assent | Four options on bills; the topic on reserving bills covers this |
Among these, the ordinance-making power is the most important legislative power of the Governor.
Ordinance-Making Power
The Governor can promulgate ordinances when the state legislature is not in session. They must be approved by the legislature within six weeks of its reassembly, and the Governor can withdraw an ordinance at any time. In the D.C. Wadhwa case (1986), the Supreme Court noted that between 1967 and 1981 the Governor of Bihar promulgated 256 ordinances, kept in force for one to fourteen years by repromulgation. It ruled that successive repromulgation of ordinances with the same text, without any attempt to get the bills passed, violates the Constitution and the ordinance is liable to be struck down, because the exceptional power of law-making by ordinance cannot be a substitute for the legislative power of the state legislature; it called such a practice a subversion of the democratic process and a fraud on the Constitution.
President and Governor Compared
| Point | President (Article 123) | Governor (Article 213) |
|---|---|---|
| When | When both Houses are not in session, or either House is not in session | When the assembly (unicameral), or both Houses or either House (bicameral) is not in session |
| Satisfaction | Circumstances require immediate action | Same |
| Scope | Subjects on which Parliament can legislate | Subjects on which the state legislature can legislate |
| Force | Same as an Act of Parliament | Same as an Act of the state legislature |
| Discretion | Not discretionary; on advice of the Prime Minister-led council | Not discretionary; on advice of the Chief Minister-led council |
| Laid before | Both Houses of Parliament | Assembly or both Houses |
| Lapse | Six weeks from reassembly, or earlier if both Houses disapprove | Six weeks from reassembly, or earlier if the assembly passes a disapproval resolution and the council agrees |
| Instructions needed | None | Three cases need the President’s instructions |
The Governor cannot make an ordinance without the President’s instructions in three cases: if a bill containing the same provisions would have required the President’s previous sanction for introduction; if the Governor would have deemed it necessary to reserve a bill containing those provisions for the President’s consideration; and if an Act of the legislature containing the same provisions would have been invalid without the President’s assent.
Why Is This Topic Important?
- Comparison table President versus Governor ordinance is a favourite
- D.C. Wadhwa Repromulgation case
- Instructions rule Three cases
What Came Next?
The next topic covers the pardoning power of the Governor under Article 161.
Key People and Terms
- Ordinance Temporary law
- Repromulgation Reissuing the same ordinance
- Article 213 Governor’s ordinance power
- Co-extensive Same scope as the legislature
- Fraud on the Constitution Court’s phrase for misuse
Exam Corner
Points to Remember
- Article 213; six weeks after reassembly.
- D.C. Wadhwa: 256 ordinances, 1967-1981.
- Three cases need the President’s instructions.
- On advice of the Chief Minister-led council.
Do Not Confuse With
- Article 123 and 213 President versus Governor
- Ordinance and Act Temporary versus permanent
- Wadhwa and Cooper Repromulgation versus satisfaction
Memory Hook
When the House sleeps the Governor may legislate; six weeks, no repeats, and the President in three cases.
Mains Angle
Questions on this topic usually ask about misuse of ordinances. Use these points to add depth.
- Emergency tool Not a substitute for legislation
- Repromulgation Declared unconstitutional
- Federal check President’s instructions
- Council’s advice Not discretionary
A Question You May Face
An original practice question, not a past paper question.
“Examine the ordinance-making power of the Governor and the Supreme Court’s view in D.C. Wadhwa.”
How to Answer
- Introduction Article 213.
- Features Comparison table.
- Wadhwa Repromulgation.
- Conclusion Abuse and limits.
GS Relevance
Frequently Asked Questions
What is the Governor’s ordinance-making power?
Under Article 213, the Governor can promulgate ordinances when the state legislature is not in session. They must be approved by the legislature within six weeks of reassembly, and the Governor can withdraw them any time. It is the most important legislative power of the Governor.
What did the D.C. Wadhwa case decide?
The Supreme Court held that repeated repromulgation of ordinances with the same text without trying to pass bills violates the Constitution. It noted that Bihar’s Governor had promulgated 256 ordinances between 1967 and 1981, calling it a fraud on the Constitution.
When does the Governor need the President’s instructions to make an ordinance?
In three cases: if a bill with the same provisions would need the President’s previous sanction for introduction, if it would be reserved for the President’s consideration, or if an Act with the same provisions would be invalid without the President’s assent.
Can the Governor make ordinances on his own?
No. The ordinance-making power is not discretionary. The Governor can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the Chief Minister. The Governor acts on ministerial advice.
How long does a Governor’s ordinance last?
It ceases to operate six weeks after the reassembly of the state legislature, or earlier if the assembly passes a resolution disapproving it and the council agrees, in a bicameral state. The Governor can withdraw it at any time.
PYQ Practice — Statement Analysis
1 A Governor’s ordinance lapses six weeks after the legislature reassembles.
Unless approved.
2 The Governor needs no instructions from the President for any ordinance.
Three cases need them.
3 Repromulgation of ordinances was upheld in D.C. Wadhwa.
It was held unconstitutional.
4 The Governor’s ordinance power is discretionary.
Acts on council’s advice.
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