Article 213 of the Constitution of India: Governor's Power to Promulgate Ordinances
Article 213, contained in Part VI, Chapter IV of the Constitution of India, confers a temporary legislative power on the Governor to promulgate an Ordinance when the State Legislature is not fully in session and circumstances require immediate action.
What does Article 213 provide?
The power under Article 213 is available when the Legislative Assembly is not in session or, in a State having a Legislative Council, when both Houses are not in session. The constitutional text requires circumstances that make immediate action necessary.
Text and meaning of Article 213
Clause (1): When an Ordinance may be promulgated
If the Legislative Assembly is not in session, or in a bicameral State both Houses are not in session, the Governor may promulgate an Ordinance when circumstances exist requiring immediate action.
The Governor cannot promulgate an Ordinance without instructions from the President where:
- a Bill containing the same provisions would require the President's previous sanction before introduction;
- the Governor would consider it necessary to reserve such a Bill for the President's consideration; or
- a State Act containing the same provisions would be invalid unless reserved for, and assented to by, the President.
Clause (2): Force, duration and withdrawal
An Ordinance has the same force and effect as an Act of the State Legislature assented to by the Governor. It must be laid before the Legislative Assembly and, where a Legislative Council exists, before both Houses.
It ordinarily ceases to operate six weeks after the Legislature reassembles. It may cease earlier if the constitutionally required resolution disapproving it is passed, and it may also be withdrawn by the Governor at any time.
Where the two Houses of a bicameral State Legislature reassemble on different dates, the six-week period is calculated from the later date.
Clause (3): Limits on legislative competence
An Ordinance is void to the extent that its provisions would be invalid if enacted as a State law assented to by the Governor. For Concurrent List matters, an Ordinance promulgated pursuant to Presidential instructions receives the constitutional treatment specified in the proviso to Article 213(3).
Key constitutional features of the Ordinance-making power
- Temporary legislative power: Article 213 is designed for circumstances requiring immediate action while the Legislature is not fully in session.
- Same force as a State Act: during its valid operation, an Ordinance has the same force and effect as an Act of the State Legislature assented to by the Governor.
- Legislative control: the Ordinance is constitutionally linked to the reassembly of the Legislature and the six-week limit.
- Subject-matter limits: the Ordinance cannot validly contain provisions that the State Legislature itself could not validly enact, subject to the constitutional proviso concerning Presidential instructions and Concurrent List repugnancy.
- Presidential instructions in specified cases: the proviso to Article 213(1) identifies situations in which the Governor must first obtain instructions from the President.
Supreme Court principles on Article 213
In D.C. Wadhwa v. State of Bihar, the Supreme Court examined the repeated re-promulgation of Ordinances and treated routine re-promulgation designed to bypass the Legislature as inconsistent with the constitutional scheme. The judgment emphasized that Ordinance-making is intended to meet the need for immediate action when the Legislature is not in session.
In the Constitution Bench decision in Krishna Kumar Singh v. State of Bihar, the Supreme Court again considered the constitutional limits of Ordinance-making and re-promulgation. The case is an important authority on the temporary character of Ordinances, legislative control and the legal consequences associated with their expiry.
Article 213 and Article 123
Article 213 concerns the Governor's Ordinance-making power at the State level. Article 123 contains the corresponding constitutional power of the President to promulgate Ordinances when both Houses of Parliament are not in session. Both provisions create exceptional, temporary legislative mechanisms subject to constitutional conditions and legislative control.
Frequently asked questions
How long does an Ordinance under Article 213 remain in force?
Unless withdrawn or disapproved earlier in the manner provided by Article 213(2), an Ordinance ceases to operate six weeks after the reassembly of the State Legislature. In a bicameral State where the Houses reassemble on different dates, the period is calculated from the later date.
Does an Ordinance have the force of law?
Yes. Article 213(2) states that a validly promulgated Ordinance has the same force and effect as an Act of the State Legislature assented to by the Governor, subject to the constitutional limitations and duration prescribed by Article 213.
Can the Governor make an Ordinance on any subject?
No. Clause (3) limits an Ordinance by reference to the State Legislature's law-making competence, and clause (1) requires Presidential instructions in the situations expressly specified in its proviso.
Legal note: This page provides general information on Article 213. The constitutional text and binding judicial decisions should be consulted for a particular legal issue.