Article 213 In English | Article 213 Of Indian Constitution In English | What Is Article 213

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Article 213 Of Indian Constitution In English

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 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(b) may be withdrawn at any time by the Governor Explanation Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different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 CHAPTER V THE HIGH COURTS IN THE STATES.

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Article 213 In English

213 Article – Power of Governor to promulgate ordinances during recess of Legislature.
(1) If at any time, when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both the Houses of the Legislature are in session, the Governor is satisfied that such circumstances exist which is necessary for him to take immediate action, he may promulgate such Ordinance as appears to him to be the necessity of the circumstances: Provided that the Governor shall, without the direction of the President, promulgate any such Ordinance if
(a) a Bill having similar provisions under this Constitution shall require the previous sanction of the President to be introduced in the Legislature; either
(b) he may have considered it necessary to reserve a Bill having similar provisions for the consideration of the President; either
(c) An Act of the Legislature of a State having similar provisions under this Constitution shall be invalid unless it had received the assent of the President, having been reserved for the consideration of the President.
(2) An Ordinance promulgated under this article shall have the same force and effect as in an Act of the Legislature of the State as sanctioned by the Governor, but every such Ordinance.
(a) be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both Houses, and shall cease to function on the expiration of six weeks from the reconstitution of the Legislature, or if the expiry of that period Before this, a resolution disapproving it is passed by the Legislative Assembly and by the Legislative Council, if any, on the passing of the resolution or, as the case may be, the resolution being agreed to by the Council. , And
(b) may be withdrawn by the Governor at any time. Explanation Where the Houses of the Legislature of a State having a Legislative Council are called to reassemble on different dates, the period of six weeks shall be reckoned as on those dates. The purposes of this section shall be followed.
(3) If and in so far as an Ordinance makes any provision under this article, which shall not be valid when an Act of the Legislature of the State is enacted as concurred 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 any matter mentioned in the Concurrent List, an Ordinance promulgated under this article in the Concurrent List, An Ordinance promulgated under this article in pursuance of the directions of the President shall be deemed to be an Act of the Legislature of a State reserved for the consideration of the President and assented to by him. High Court State in Chapter 5

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What Is Article 213 Of Indian Constitution?

Article 213 Debate Summary

Draft Article 187 (Article 213) was debated on 14 June 1949. It defined the scope and limits of the Governor’s power to pass ordinances. A member wanted to amend clause (2) (a) so that the Ordinances expire in two weeks from the date of their promulgation, and remove the Explanation to clause (2). In support of his proposals, he pointed out that an ordinance would remain in force until the Legislature met; Since there can be more than six months between sessions, the current draft Article may allow an ordinance to remain in force for more than seven months.

Since the ordinance was the result of executive powers, it should be subjected to the scrutiny of the legislature at the earliest. Another member proposed several amendments, to the effect that the power to make ordinances should be confined to the President rather than the Governors of individual states.

He argued that this was an extraordinary power that should only be used with careful consideration and knowledge of the centre. All amendments were rejected without debate. The draft Article 187 was adopted on 14 June 1949.

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