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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213

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Part VI – The States

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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 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    • (b) may be withdrawn at any time by the Governor.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.
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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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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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