www.Aaptaxlaw.com

 

 
 
 

 

Income Tax   Service Tax    VAT   Central Excise   Companies Act   IPC   CRPC   Bare Acts   Tax Forms   Legal formats

ARTICLE 213 OF CONSTITUTION OF INDIA 1949

What is the Power of Governor to promulgate Ordinances during recess of Legislature? Article 213 of Constitution of India, 1949

Power of Governor to promulgate Ordinances during recess of Legislature are defined under Article 213 of Constitution of India 1949. Provisions under this Article are:

Article 213 of Constitution of India "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 Ordinance 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 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 House, 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(b) may be withdrawn at any time by the Governor Explanation.- Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different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 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.

Constitution of India 1949

What is Annual financial statement? What is the Procedure in Legislature with respect to estimates? What is Appropriation Bills? Article 202, 203 and 204 of Constitution of India, 1949

What is Supplementary, additional or excess grants? What is Votes on account, votes of credit and exceptional grants? Article 205 and 206 of Constitution of India, 1949

What are the Special provisions as to financial Bills? What is Rules of procedure? Article 207 and 208 of Constitution of India, 1949

What are the Regulation by law of procedure in the Legislature of the State in relation to financial business? What is the Language to be used in the Legislature? Article 209 and 210 of Constitution of India, 1949

What are the Restriction on discussion in the Legislature? What is the meaning Courts not to inquire into proceedings of the Legislature? Article 211 and 212 of Constitution of India, 1949

What is the Power of Governor to promulgate Ordinances during recess of Legislature? Article 213 of Constitution of India, 1949

High Courts for States, What is the meaning High Courts to be courts of record? What is Constitution of High Courts? Article 214, 215 and 216 of Constitution of India, 1949

What is Appointment and conditions of the office of a Judge of a High Court? What is Application of certain provisions relating to Supreme Court to High Courts? Article 217 and 218 of Constitution of India, 1949

What is Oath or affirmation by Judges of High Courts? What is the Restriction on practice after being a permanent Judge? What are the provisions regarding Salaries etc., of Judges? Article 219, 220 and 221 of Constitution of India, 1949

What is Transfer of a Judge from one High Court to another? What is the procedure for Appointment of acting Chief Justice? What is the procedure for Appointment of additional and acting Judges? Article 222, 223 and 224 of Constitution of India, 1949

What is Appointment of retired Judges at sittings of High Courts? What is the Jurisdiction of existing High Courts? Article 224A and 225 of Constitution of India, 1949

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap