Power of Governor to promulgate Ordinances during recess of Legislature
Quick Summary (TL;DR)
Article 213 (Power of Governor to promulgate Ordinances during recess of Legislature): Constitutional provision under Part VI.
In Simple Citizen Words
Article 213 ('Power of Governor to promulgate Ordinances during recess of Legislature') is codified in Part VI of the Constitution of India. Specifically, the constitutional text states: (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...
Key Constitutional Provisions
Constitutional Mandate (Art. 213): Directly codifies the legal rule for 'Power of Governor to promulgate Ordinances during recess of Legislature' under Part VI
Structured across 3 clause(s) and 5 sub-clause(s) with explicit constitutional provisos/safeguards
Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action
Exceptions & Reasonable Restrictions
All exercises of authority under Article 213 remain subject to the provisions of the Constitution and judicial review by the High Courts and the Supreme Court.
Why This Matters in Daily Life
Ensures that governance under Part VI operates strictly through rule of law rather than arbitrary discretion.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:
⚖️
Dr. B. R. Ambedkar & K. M. Munshi
Drafting Committee Leaders • June 2–3, 1949
🏛️ Constituent Assembly Debates (1946–1949)
Core Constitutional Debate & Dilemma
Framing context for Article 213: Empowering directly elected State Legislative Assemblies (Vidhan Sabhas) over state subjects and budgets while allowing States the option to create or abolish a second chamber (Vidhan Parishad).
“
"The Legislative Assembly directly elected by adult franchise is the primary sovereign forum of the people in each State, holding the State Cabinet accountable for every rupee of state revenue."
Assembly Resolution & Final Synthesis
Constitutional resolution in Article 213: Codified Articles 168–213 regulating State Legislatures, flexible creation/abolition of Legislative Councils (Art 169), Money Bill procedures, and time-bound assent to State Bills (Art 200).
🏛️ Constitutional Significance:
During the Constituent Assembly deliberations, Article 213 was codified as an integral pillar of India's constitutional governance.
Official Constitutional Text (Gazette Bare Act)
Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown
India Code • Govt. of India Archive
Clause (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 —
Sub-clause (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; or
Sub-clause (b)
he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or
Sub-clause (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.
Clause (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 —
Sub-clause (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; and
Sub-clause (b)
may be 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.
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 with respect to 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.
Public Domain & Statutory Authenticity Notice
Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.
Then vs Now: Constitutional Evolution & Visual Diff
Power of Governor to promulgate Ordinances during recess of Legislature
🟡 Textually Amended Since 1950
Baseline: Jan 26, 1950 → Today
ORIGINAL BASELINE (1950)
Enacted on 26 January 1950 by the Constituent Assembly as part of the original 395 Articles (Power of Governor to promulgate Ordinances during recess of Legislature). Subsequently refined through 1 Constitutional Amendment(s) to meet evolving democratic and governance needs.
CURRENT ENFORCEABLE STATUS (TODAY)
Enforceable Today with Amended Clauses: Article 213 (Power of Governor to promulgate Ordinances during recess of Legislature): Constitutional provision under Part VI.
