Article 213 of the Indian Constitution plays a vital role in the legislative process within states. It grants the Governor the authority to issue ordinances when the state legislature is not in session. This provision ensures that urgent legislative actions can be taken swiftly, thereby maintaining governance continuity.
The primary purpose of Article 213 is to empower the Governor to respond to immediate legislative needs. In situations where the Legislative Assembly or both Houses (if applicable) are not in session, the Governor can intervene to enact necessary laws. This mechanism is crucial for addressing urgent issues that require prompt legislative attention.
The Governor can issue an ordinance under specific conditions. This power is granted only when the Legislative Assembly is not in session and urgent action is deemed necessary. This ensures that the Governor's power is not misused and is exercised judiciously.
An ordinance is effective for a limited duration. It remains in force for six weeks from the date the legislature reconvenes. If the legislative assembly does not approve the ordinance within this timeframe, it automatically ceases to operate, thus ensuring legislative oversight.
One notable aspect of this power is that the Governor can withdraw an ordinance at any time. This flexibility allows for adjustments based on evolving circumstances or legislative feedback.
Despite the broad powers granted under Article 213, there are restrictions. The Governor cannot issue ordinances that require the President's prior approval or that pertain to subjects outside the legislative authority of the state. This limitation ensures that the ordinance power is exercised within constitutional bounds.
Once the legislature reconvenes, any ordinance must be presented before the assembly. The legislature must approve the ordinance within six weeks to ensure its continued validity. If the ordinance is not approved, it lapses, reinforcing the principle of legislative oversight.
Article 213 is significant as it allows the executive branch to take immediate action in urgent situations, maintaining governance when the legislature is not in session. It balances the need for swift action with necessary legislative oversight, preventing potential misuse of executive power.
Q1. What is the main function of Article 213?
Answer: Article 213 empowers the Governor to issue ordinances when the state legislature is not in session, allowing for urgent legislative action.
Q2. How long does an ordinance remain effective?
Answer: An ordinance remains in effect for six weeks after the legislature reconvenes unless it is approved during that period.
Q3. Can the Governor withdraw an ordinance?
Answer: Yes, the Governor has the authority to withdraw an ordinance at any time before it is approved by the legislature.
Q4. What happens if the ordinance is not approved?
Answer: If the ordinance is not approved by the legislature within six weeks, it automatically lapses and ceases to be effective.
Q5. What restrictions exist on the Governor's power to issue ordinances?
Answer: The Governor cannot issue ordinances that require presidential approval or that relate to matters outside state legislative authority.
Question 1: What authority does Article 213 grant to the Governor?
A) Power to dissolve the legislative assembly
B) Power to issue ordinances when the legislature is not in session
C) Power to appoint judges
D) Power to amend the Constitution
Correct Answer: B
Question 2: For how long does an ordinance remain in force after the legislature reconvenes?
A) 4 weeks
B) 6 weeks
C) 8 weeks
D) 12 weeks
Correct Answer: B
Question 3: Which of the following is a restriction on the Governor's ordinance power?
A) Requires legislative approval
B) Requires judicial approval
C) Requires presidential approval for certain matters
D) No restrictions exist
Correct Answer: C
Question 4: What happens to an ordinance if the legislature does not approve it?
A) It becomes a law
B) It remains effective indefinitely
C) It lapses
D) It is reviewed by the President
Correct Answer: C
Question 5: Which body must approve an ordinance for it to remain effective?
A) The Supreme Court
B) The Legislative Assembly
C) The President
D) The Governor's Cabinet
Correct Answer: B
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