Constitution Section 213 — Power of Governor to promulgate Ordinances during recess of Legislature
Part VI — THE STATES — CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR
Constitutional
Summary
When the state legislature is not in session, the Governor can issue an Ordinance if immediate action is needed. However, the Governor cannot issue an Ordinance without the President’s permission if the same law would have required the President’s approval before being introduced in the legislature, or if the Governor would have needed to reserve the bill for the President’s consideration, or if the law would have been invalid without the President’s assent. An Ordinance has the same legal effect as a law passed by the state legislature and signed by the Governor, but it must be presented to the legislature when it meets again, and it stops being in effect six weeks after the legislature reassembles, or earlier if the legislature passes a resolution against it. The Governor can also cancel the Ordinance at any time. If any part of the Ordinance would be invalid if it were a regular state law, that part is void.
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)* ** *