Question

The correct statements about ordinance making power of the Governor are:

(a) It is laid down in Article 213.

(b) It is a discretionary power.

(c) It cannot be withdrawn by him within six weeks.

(d) It may cease to operate even earlier than the prescribed six weeks if a resolution disapproving passed by the State Legislature.

(e) It is coextensive with the legislative power of the state legislature.

1. (a), (b), (c)
2. (b), (c), (d), (e)
3. (b), (c), (d)
4. (a), (d), (e)

Answer 1

Correct Answer - Option 4 : (a), (d), (e)

The correct answer is (a), (d), (e).

• The ordinance making power of Governor:
  • He can promulgate ordinance when the Legislative Assembly is not in session in case of the unicameral legislature or when both Legislative assembly and council are not in session in case of a bicameral legislature.
  • He can roll out an ordinance for only those matters on which state legislature can make laws.
  • His ordinances have the same effect on policies as state’s acts will have. If his ordinance legislates on matters on which state government has no power, the ordinance stands null and void.
  • The ordinance introduced by him can be withdrawn anytime.
  •  It is laid down in Article 213. Hence statement a is correct.
  • His power to promulgate ordinance is not a discretionary power. Hence statement b is not correct.
  • Council of Ministers’ (headed by CM) advice is a pre-requisite.
  • President’s instructions on the following three cases are must:
    • If a bill containing the same provisions would have required the previous sanction of the President for its introduction into the state legislature
    • If he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the President
    • If an act of the state legislature containing the same provisions would have been invalid without receiving the President’s assent
    • It is coextensive with the legislative power of the state legislature. Hence statement e is correct.