Question

Under which Article of the Constitution the Governor of states has been empowered to promulgate ordinances?
1. Article 123
2. Article 211
3. Article 213
4. Article 212

Answer 1

Correct Answer - Option 3 : Article 213

The correct answer is Article 213.

• An ordinance can be retrospective in nature.
• Under Article 213 of the Constitution, the governor of states has been empowered to promulgate an ordinance.
• Governor is the head of the State.
• The Governor can promulgate ordinance when the:
  • Legislative Assembly is not in session in case of Unicameral Legislature
  • Both the Legislative Assembly and council are not in session in the case of a Bicameral Legislature.
• The Ordinance introduced by Governor can be withdrawn anytime.
• The ordinance can be rolled out by Governor only on those matters on which the legislature can make laws.
• Article 152 to 162 of the Constitution of India is related to the Governor. 

Articles	Definition
Article 152	Defines "State".
Article 153	Governors of States There shall be a Governor for each state. The same person can be appointed as the Governor of two or more states (7th Constitutional Amendment Act of 1956).
Article 154	The executive power of the state The executive power of the state shall be vested in the hands of the Governor.
Article 155	Appointment of Governor The Governor of a state shall be appointed by the President of India.
Article 156	Term of office of Governor The Governor shall hold the office till the pleasure of the President of India. If he/she wants to resign he/she can write his resignation to the President of India.
Article 157	Qualification for appointment as Governor He/she must be a citizen of India. He/she must have completed 35 years of age. Must possess the qualification for membership of State Legislature.
Article 158	Conditions of Governors office He/she should not be a member of either house of Parliament or legislative assemblies and legislative council. if he/she is a member of any house of Parliament then he must vacate the seat in that house on the date on which he/she enters his office. He/she should not hold any office of Profit He/she shall be entitled to the official residence without payment of rent, emoluments, allowances, and privileges as determined by Parliament and the Second Schedule. Any emoluments and allowances of the Governor shall not be decreased during his office term.
Article 159	Oath or Affirmation by the Governor The oath and Affirmation to the Governor are given by the Chief Justice of the High Court and in his absence, the senior-most Judge of the high court.
Article 160	Discharge of the functions of the Governor in certain contingencies.
Article 161	Powers of the Governor to grant pardons etc. and to suspend, remit or commute sentences in certain cases. It gives the Governor the power to reprive, pardon, respite, remit, and commute sentences at the state level.
Article 162	The extent of executive power of the State.