What is Article 213 of Indian Constitution – Defination & Meaning

Article 213: Power of Governor to promulgate Ordinances during recess of Legislature (1) If at any time, except when the Legislative Assembly of a State is in
📅 Part VI – The States
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Article Number

213

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Part VI – The States

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Active

Full Definition & Explanation

Article 213 of the Indian Constitution gives the Governor of a State the power to issue Ordinances when the State Legislature is not in session. This means that, if urgent action is needed, the Governor can create laws without waiting for the Assembly to meet. This power is key for addressing emergencies or major issues that require immediate attention. However, it is key to note that the Governor cannot act without the President’s instructions if the Ordinance involves matters that need prior approval from the President, such as certain types of Bills. When the Legislature is not in session, the Governor can promulgate Ordinances that have the same force as laws passed by the Legislature. However, these Ordinances are temporary. They must be presented to the Legislature when it reconvenes, and they will expire after six weeks unless the Legislature approves them. This ensures that the legislative process is not entirely bypassed, maintaining checks and balances in governance. If the Legislature disapproves of the Ordinance, it will cease to operate. This provision affects the relationship between the State Governor and the Legislature. It allows for swift action in times of crisis but also requires accountability. Critics argue that this power could lead to misuse or overreach by the Governor, especially in politically sensitive situations. For example, if a government faces a sudden crisis, the Governor might issue an Ordinance to manage the situation effectively, but this action should always be subject to legislative scrutiny to prevent potential misuse of authority.

Historical Context

This means that, if urgent action is needed, the Governor can create laws without waiting for the Assembly to meet. This power is key for addressing emergencies or major issues that require immediate attention. However, it is key to note that the Governor cannot act without the President’s instructions if the Ordinance involves matters that need prior approval from the President, such as certain types of Bills. When the Legislature is not in session, the Governor can promulgate Ordinances that have the same force as laws passed by the Legislature.

Key Features

– Governors can issue Ordinances during the Legislature’s recess.
– Ordinances have the same effect as laws passed by the Legislature.
– They must be approved by the Legislature within six weeks of reassembly.
– The President’s instructions are needed for certain types of Ordinances.
– Ordinances can be withdrawn by the Governor at any time.

Importance & Impact

– Enables quick law-making in emergencies when the Legislature is not in session.
– Ensures governance continuity by allowing immediate action on pressing issues.
– Requires legislative approval, maintaining a check on the Governor’s power.
– Prevents misuse by mandating that certain Ordinances need Presidential instructions.
– Facilitates swift response to unexpected circumstances affecting state governance

Sample UPSC Question

Consider the following statements regarding Article 213 of the Indian Constitution: 1. It allows the Governor to promulgate Ordinances when the Legislature is in session. 2. Ordinances must be approved by the Legislature within six weeks of reassembly. Which of the statements is/are correct? A) Only 1 B) Only 2 C) Both 1 and 2 D) Neither 1 nor 2

Answer

The correct answer is B) Only 2. Article 213 allows the Governor to issue Ordinances only when the Legislature is not in session, and these must be approved within six weeks of reassembly. Article 213 of the Indian Constitution gives the Governor of a State the power to issue Ordinances when the State Legislature is not in session.

Key Takeaways

✓ Article 213 allows Governor to issue Ordinances in emergencies.
✓ Ordinances expire after six weeks without legislative approval.
✓ Certain Ordinances need President’s instructions before issuance
✓ Legislative scrutiny is necessary for the validity of Ordinances.
✓ The Governor can withdraw Ordinances anytime before approval.

FAQs

Article 213 of the Indian Constitution gives the Governor of a State the power to issue Ordinances when the State Legislature is not in session. This means that, if urgent action is needed, the Governor can create laws without waiting for the Assembly to meet. This power is key for addressing emergencies or major issues that require immediate attention.

This ensures that the legislative process is not entirely bypassed, maintaining checks and balances in governance. If the Legislature disapproves of the Ordinance, it will cease to operate. This provision affects the relationship between the State Governor and the Legislature. Article 213 of the Indian Constitution gives the Governor of a State the power to issue Ordinances when the State Legislature is not in session.

It allows for swift action in times of crisis but also requires accountability. Critics argue that this power could lead to misuse or overreach by the Governor, especially in politically sensitive situations. For example, if a government faces a sudden crisis, the Governor might issue an Ordinance to manage the situation effectively, but this action should always be subject to legislative scrutiny to prevent potential misuse of authority.

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Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
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