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.
Introduction
The Governor's ordinance-making power, under Article 213, enables legislative action when the State Legislature is not in session. This extraordinary power is for immediate necessity, not routine legislation.
Essential Conditions for Exercise of Legislative Powers by Governor
- State Legislature (or either House) not in session.
- Governor's satisfaction of immediate necessity, based on Council of Ministers' advice.
- Ordinances have the same force as an Act of the Legislature.
- They are temporary and must be laid before the Legislature when it reassembles, ceasing to operate if not approved within six weeks.
Legality of Re-promulgation of Ordinances
Repeated re-promulgation of ordinances without legislative consideration poses significant constitutional questions regarding its legality and democratic implications.
Judicial Scrutiny and Rulings on Re-promulgation
- D.C. Wadhwa v. State of Bihar (1987): The Supreme Court termed re-promulgation a "fraud on the Constitution" and an abuse of power.
- Krishna Kumar Singh v. State of Bihar (2017): A seven-judge bench declared re-promulgation unconstitutional. It affirmed the ordinance power is an emergency provision, not a substitute for regular legislation, requiring mandatory legislative approval.
Concerns and Criticisms of Re-promulgation
Re-promulgation undermines legislative supremacy, circumvents democratic debate and scrutiny, and violates the separation of powers. It converts an emergency tool into a parallel law-making mechanism, eroding accountability.
Conclusion
Upholding constitutional propriety and legislative supremacy demands judicious exercise of the Governor's ordinance power, strictly adhering to its emergency nature and ensuring timely legislative review.
204 words · target ~250
The directive 'discuss' requires presenting various aspects, arguments, and perspectives on the topic, including pros, cons, and implications.
Suggested structure
Introduction: Governor's Ordinance Making Power (Article 213)
Essential Conditions for Exercise of Legislative Powers by Governor
Legality of Re-promulgation of Ordinances: Constitutional Provisions and Judicial Review
Supreme Court Rulings on Re-promulgation (D.C. Wadhwa and Krishna Kumar Singh cases)
Concerns and Criticisms of Re-promulgation
Conclusion: Upholding Constitutional Propriety and Legislative Supremacy
Key points
Governor's ordinance power (Art. 213) can only be exercised when the State Legislature (or either House) is not in session and immediate action is required.
The Governor must be satisfied that circumstances necessitate immediate action, acting on the aid and advice of the Council of Ministers.
Ordinances have the same force as an Act of the Legislature but are temporary and must be laid before the Legislature when it reassembles.
The Supreme Court in D.C. Wadhwa v. State of Bihar (1987) and Krishna Kumar Singh v. State of Bihar (2017) declared re-promulgation of ordinances without legislative consideration as a 'fraud on the Constitution' and unconstitutional.
Re-promulgation undermines legislative supremacy, circumvents the democratic process, and violates the principle of separation of powers.
The power is an emergency provision, not a substitute for the legislative process, and requires legislative approval or rejection within six weeks of reassembly.
Common mistakes
Not mentioning Article 213 or confusing it with the President's ordinance power (Article 123).
Failing to cite the landmark Supreme Court judgments (D.C. Wadhwa and Krishna Kumar Singh cases) on re-promulgation.
Not adequately discussing the 'legality' aspect with constitutional arguments and judicial pronouncements.
Focusing only on the conditions for promulgation and neglecting the re-promulgation aspect.
Difficulty: Medium — The question requires specific constitutional knowledge (Article 213), understanding of constitutional principles (separation of powers, legislative supremacy), and awareness of landmark Supreme Court judgments (D.C. Wadhwa, Krishna Kumar Singh case) regarding the legality of re-promulgation. It's not a straightforward descriptive question and demands analytical depth.