The Ordinance making power of Governor is provided under Article ?

0 votes
174 views
Aditya Patel asked 16-Sep-2019 in Law & Legal Issues by Aditya Patel

The Ordinance making the power of Governor is provided under Article ?

1 Answer

0 votes
Anonymous User answered 02-Sep-2020 by Anonymous User

The Ordinance making power of Governor is provided under Article ?

Except when the Legislative Assembly of a State is in session or both the Houses of the Legislature are in session in a State having a Legislative Council, if at any time the Governor is satisfied that such circumstances exist, which cause immediate action. If it becomes necessary for him to do so, he may promulgate such ordinances as he may require in those circumstances, but the Governor shall not promulgate any such ordinance without the President's instructions if: -

(A) The bill incorporating the same provision would have been subject to this constitution requiring the prior approval of the President to be introduced in the Legislature; or
(B) he would consider it necessary to reserve such a bill containing the provisions reserved for the consideration of the President; or
(C) The Act of the Legislature of a State incorporating every such provision would be invalid under this Constitution, unless it had received the President's permission when reserved for consideration of the President.
(2) The ordinance promulgated under this article shall have the same force and effect as the act of the Legislature of the State which the Governor has permitted, but each such ordinance shall-
(A) shall be placed before the Legislative Assembly of the State and before the two Houses in the State having the Legislative Council and at the end of six weeks from the re-amalgamation of the Legislature or if the Legislative Assembly resolves its approval before the end of that period. Passes and if there is a Legislative Council, it agrees to it, the status quo shall not be in force upon the passing of the resolution or by the Legislative Council agreeing to the resolution.
(B) Can be withdrawn by the Governor at any time.
Explanation-
Where the Houses of the Legislature of a State having a Legislative Council are convened to be reassembled on different dates, for the purposes of this section, a period of six weeks is computed from the later of those dates. Will go.
(3) If and as far as the ordinance under this article makes any provision which is not valid when enacted in an Act of the Legislature of the State to which the Governor has given permission, and till then that ordinance shall be void. ;
But for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of the State, which is against any Act of Parliament or any existing law in respect of any matter enumerated in the Concurrent List, an Ordinance, Which is promulgated under this article in pursuance of the President's instructions, shall be deemed to be an act of the Legislature of the State which was reserved for the consideration of the President and which he has given permission.