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Saturday, February 3, 2024

THE CONSTITUTION OF INDIA, ARTICLE: 213-213

THE CONSTITUTION OF INDIA ,ARTICLE: 213-213
THE CONSTITUTION OF INDIA, ARTICLE: 213-213


 THE LEGISLATIVE POWER OF THE GOVERNOR.

ARTICLE: 213-213

POWER OF GOVERNOR TO PROMULGATE ORDINANCES DURING RECESS OF LEGISLATURE

(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if:

(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature;

(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President;

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(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless having been reserved for the consideration of the President, it had received the assent of the President.

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance— 

(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council;

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(b) maybe withdrawn at any time by the Governor.

Explanation.—Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:

Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law concerning a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.



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FAQ

What is Article 213 of the Indian Constitution?

Article 213 of the Indian Constitution: Power of the Governor to promulgate Ordinances during recess of the Legislature

What is Article 153 of the Indian Constitution?

Article 153 of the Constitution of India: Governors of States Article 153 Governor of States - Constitution of India There shall be for each State a Governor: Provided that nothing in this article shall prevent the same person from being Governor for two or more States. Will not stop you from appointing. Download PDF Article 153...

What is section 3 of Article 213?

Clause 3 of Article 213 states that any provision in an ordinance passed by this article which shall not be sustained by a State law passed by the legislature and declared by the Governor is void and unenforceable. What does the 38th Amendment mean?


AMENDMENTS SECTION OF:1-12

  AMENDMENTS SECTION OF:1-12   THE CONSTITUTION (EIGHTH AMENDMENT) ACT, 1960 SECTION OF:1-12 NINTH AMENDMENT Statement of Objects and Reason...

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