Article 213 Simplified: Power of Governor to promulgate Ordinances during recess of Legislature

Official Text

(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; or (b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or (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the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and (b) may be withdrawn at any time by the Governor.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. (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. (4)* ** *

Simple Meaning

Article 213 is the Governor's emergency law-making power—the state-level version of Article 123 (President's Ordinance power). When the State Legislature is not in session and urgent action is required, the Governor can issue an Ordinance that has the same force as a state law. But it must be placed before the legislature when it reconvenes and lapses after 6 weeks unless approved. The Governor needs the President's prior instructions before issuing an Ordinance in three specific situations (where Presidential sanction or reservation would have been needed for a Bill).

Explain Like Ten

When school is on summer break, what if the school suddenly needs a new safety rule? The principal (Governor) can make the rule immediately without waiting for school to reopen. But when school reopens, the students (Assembly) must vote to keep the rule within 6 weeks—otherwise it automatically disappears. Article 213 works exactly like this for state emergency laws.

Student Mode

Article 213 mirrors Article 123 (President's Ordinance power). Key rules: (1) Ordinance can only be issued when legislature is NOT in session; (2) Has same force as a State Act; (3) Lifespan: lapses 6 weeks after legislature reassembles OR earlier if disapproving resolution is passed; (4) Governor needs Presidential instructions before issuing Ordinances where Presidential sanction/reservation would have been needed for a Bill; (5) An Ordinance cannot contain provisions that would be void if enacted as a State Act.

Example

During a sudden outbreak of food adulteration in Maharashtra while the Assembly is in recess, the Governor issues an Ordinance creating emergency food safety standards and inspection powers. When the Assembly meets 2 months later, the Ordinance is placed before it. If the Assembly doesn't pass an Act within 6 weeks, the Ordinance lapses. The Assembly can also pass a resolution expressly disapproving it, killing it immediately.

Key Takeaway

Article 213 lets the Governor make emergency state laws via Ordinances when the legislature is in recess—but they lapse in 6 weeks unless the Assembly approves them.

FAQs

Can the Governor re-promulgate an Ordinance that has lapsed?

The Supreme Court held in D.C. Wadhwa v. State of Bihar (1987) that repeatedly re-promulgating Ordinances without placing them before the legislature is a constitutional fraud and a fraud on the Constitution. The Governor cannot use re-promulgation to bypass the legislative process indefinitely.

What happens if an Ordinance and a State Act cover the same subject?

The Act prevails over the Ordinance—once the legislature enacts a law on the same subject, the Ordinance is superseded. An Ordinance can only survive if the legislature lets the 6-week period pass without disapproving it.

Quiz

A State Governor's Ordinance lapses automatically after how long from the reassembly of the State Legislature?

Answer: 6 weeks

Before issuing an Ordinance that would have required Presidential sanction as a Bill, the Governor must:

Answer: Act on instructions from the President

Related Topics

• Article 123
• Executive Power