Article 213 of the Indian Constitution grants the Governor the authority to issue ordinances when the legislature is not in session. This provision is crucial for dealing with urgent matters that cannot wait for the standard legislative process. To appreciate its significance, let’s delve into its evolution, key features, limitations, and the democratic principles it upholds.
Drafting to Enactment
- Origins in Draft Article 187 (1948)
- The concept of the Governor’s ordinance-making power began with Draft Article 187 in the Draft Constitution of 1948.
- Debates and Deliberations (1949)
- On 14 June 1949, the Constituent Assembly discussed the draft extensively, considering concerns about the duration and scope of the Governor’s power.
- Final Form as Article 213 (1950)
- Article 213 was adopted in the Constitution of India 1950, incorporating amendments to balance executive efficiency with legislative oversight.
Key Aspects of Article 213
- Conditions for Promulgation
- The Governor can issue ordinances when the Legislative Assembly or both Houses (if applicable) are not in session.
- Executive Authority
- This power is used when the Governor deems immediate action necessary.
- Force and Effect
- Ordinances issued under Article 213 have the same force and effect as laws passed by the state legislature.
Limitations and Conditions under Article 213
- Presidential Instructions
- If an ordinance requires prior presidential sanction or reservation, the Governor must obtain instructions from the President.
- Temporary Nature
- Ordinances must be presented to the legislature upon reassembly and cease to operate six weeks after reassembly unless approved by the legislature.
- Withdrawal
- The Governor has the authority to withdraw an ordinance at any time.
- Validity of Provisions
- Ordinances are void if their provisions would be invalid if enacted by the state legislature.
Upholding Democratic Principles
- Legislative Scrutiny
- Ordinances must be laid before the legislature, ensuring they are subject to scrutiny and approval.
- Transparency
- The requirement for legislative presentation ensures transparency in the Governor’s actions.
- Flexibility in Governance
- This provision allows for immediate action in urgent situations while maintaining necessary checks and balances.
Debates and Deliberations
- Concerns about Duration
- Some members proposed shortening the period ordinances remain in force, reflecting concerns about executive power.
- Scope of Power
- There were debates on whether this power should be confined to the President rather than individual Governors to ensure centralized control.
- Final Adoption of Article 213
- Ultimately, the amendments ensured a balanced approach, enabling effective governance while safeguarding democratic principles.
Conclusion
Article 213 is a critical tool in the Indian Constitution, enabling swift executive action during legislative recesses while upholding democratic principles through legislative scrutiny. Its careful crafting reflects a balance between the need for immediate governance and the importance of oversight and accountability.
End Notes
- Evolution of Article 213
- Originated as Draft Article 187 in 1948 and was adopted as Article 213 in the Constitution of India 1950.
- Debates and Amendments
- Extensive discussions shaped its final form, balancing executive authority with legislative oversight.
- Democratic Principles
- Ensures transparency, accountability, and legislative oversight in executive actions.
- Key References
- Constitution of India
- Debates on Article 213
FAQ:
- What is Article 213 of the Indian Constitution?
- Article 213 grants the Governor of a state in India the power to promulgate ordinances when the state legislature is not in session.
- Under what circumstances can the Governor promulgate an ordinance?
- The Governor can promulgate an ordinance when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.
- What is the purpose of Article 213?
- Article 213 allows for the promulgation of ordinances to address urgent situations that require laws to be enacted promptly when the legislature is not in session.
- How long does an ordinance issued under Article 213 remain valid?
- An ordinance issued under Article 213 remains valid for six weeks from the reassembly of the state legislature. However, it ceases to operate earlier if resolutions disapproving it are passed by both houses of the legislature or if a bill replacing the ordinance is passed.
- Can ordinances issued under Article 213 be challenged in court?
- Yes, ordinances issued under Article 213 can be challenged in court on various grounds, such as lack of immediate necessity or violation of constitutional provisions.
- Is there any limit on the number of times ordinances can be promulgated?
- There is no specific limit mentioned in the Constitution on the number of times ordinances can be promulgated. However, frequent use of ordinances is generally discouraged as they bypass the regular legislative process.
- What is the difference between an ordinance and a law passed by the legislature?
- An ordinance is a temporary law enacted by the Governor when the legislature is not in session, whereas a law passed by the legislature undergoes a more rigorous process of debate, scrutiny, and approval.
- What happens if the state legislature does not approve of an ordinance?
- If the state legislature does not approve of an ordinance, it ceases to operate six weeks after the legislature reassembles, unless withdrawn earlier or replaced by a law.
MCQs:
1.Article 213 of the Indian Constitution deals with:
-
- A. Powers of the President
- B. Powers of the Prime Minister
- C. Powers of the Governor to promulgate ordinances during the recess of the state legislature
- D. Powers of the Chief Minister
Answer: C
2. Under Article 213, an ordinance can be promulgated by the Governor when:
-
- A. The state legislature is in session
- B. The state legislature is not in session
- C. The state legislature has been dissolved
- D. The President gives consent
Answer: B
3. An ordinance promulgated under Article 213 must be approved by the state legislature within:
-
- A. Three weeks of reassembly
- B. Six weeks of reassembly
- C. Two months of reassembly
- D. Six months of reassembly
Answer: B
4. Which of the following is true about an ordinance under Article 213?
-
- A. It has a permanent effect even without legislative approval
- B. It ceases to operate if not approved within six weeks of reassembly of the legislature
- C. It cannot be challenged in a court of law
- D. It can only be promulgated with the consent of the President
Answer: B
5. The Governor’s power to promulgate ordinances under Article 213 is subject to which of the following conditions?
-
- A. It must receive prior approval from the state legislature
- B. It must be necessary for immediate action
- C. It must be in consultation with the Chief Minister
- D. It must be approved by the President
Answer: B
6. An ordinance promulgated by the Governor under Article 213:
-
- A. Can be challenged in a court of law
- B. Cannot be disapproved by the state legislature
- C. Is valid for six months
- D. Is valid indefinitely until the state legislature acts on it
Answer: A
7. What happens if a bill replacing an ordinance is not passed by the state legislature?
-
- A. The ordinance remains in force indefinitely
- B. The ordinance ceases to operate six weeks after the legislature reassembles
- C. The ordinance is automatically converted into a law
- D. The ordinance is referred to the President for approval
Answer: B
8. The frequent use of ordinances under Article 213 is generally discouraged because:
-
- A. It can undermine the authority of the legislature
- B. It is too cumbersome
- C. It requires the President’s approval each time
- D. It can only be used during national emergencies
Answer: A
Source- Constitution of India
Also Read– ARTICLES 178 TO 212 OF THE INDIAN CONSTITUTION
