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UPSC Mains 2022

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.

General Studies Paper - 2, Topic: Ordinances

Dec 29, 2022

2 min read

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The Governor of a state in India exercises the legislative powers as per the provisions of the Constitution of India and the rules and procedures laid down in the respective state's legislation. The essential conditions for the exercise of the legislative powers by the Governor are as follows:

 

1. Proclamation of emergency: In cases where the state of emergency has been declared, the Governor has the power to legislate on any matter that he considers necessary for the peace and good governance of the state.

 

2. Recommendation of the Council of Ministers: In cases where the state legislature is not in session, the Governor can legislate on any matter with the recommendation of the Council of Ministers.

 

3. Ordinance-making power: The Governor has the power to promulgate ordinances on any matter that he considers necessary for the peace and good governance of the state, if the state legislature is not in session.

 

The legality of re-promulgation of ordinances by the Governor without placing them before the legislature has been a matter of controversy in India. The Supreme Court of India has held that the re-promulgation of ordinances is a fraud on the Constitution and is not valid. According to the Court, the power to promulgate ordinances is a temporary measure that is intended to meet urgent and unforeseen situations, and it cannot be used as a substitute for the normal legislative process. The Court has also held that the Governor must place the ordinance before the legislature and seek its approval within a reasonable time, and if the legislature does not approve the ordinance, it must lapse.

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