Ordinance Making Powers of President and Governor
Ordinance Making Powers of the President of India (Article 123)
Normally, parliament has powers to make laws and it alone can pass laws on Union list matters. However there may be some conditions when the parliament is not in session and it becomes necessary to make laws. In these cases our constitution under Article 123 gives special legislative powers to President of India by promulgating ordinance under certain circumstances. Thus if both the houses of parliament is not in session and it becomes necessary to make laws then president can make laws within the powers provided by the constitution of India.
Following are the important provisions regarding ordinance making powers of the President of India:
Ø The President gets the powers only when the Parliament is not functioning. Even if one house of Parliament is not functioning, the President can pass on ordinance.
Ø The President has powers to pass ordinance on the matters on which the Parliament has powers.
Ø The Councils of Ministers should suggest the passing of an ordinance on such matters.
Ø The President himself should be satisfied about the need for the ordinance and he cannot be compelled.
Ø Once an ordinance is passed, it should be placed before both the Houses of Parliament and approved by then within six weeks of their respective dates of reassembly.
Ø The ordinance lapses if it is not approved within the aforesaid six weeks or if it is rejected earlier or if the President himself withdraws the ordinance.
Ordinance Making Power of the Governor: (Article 213)
The law making power in state is vested in the state assembly. But there may be situations when state assembly is not in session and it is necessary to make laws for the state. In these circumstances Article 213 of the constitution provides that Governor of the state can promulgate ordinance. The following are the major provisions:
Ø If at any time, when the legislative assembly of the state is not in session, or where there is a legislative council in the state, when both houses of legislature are not in session and the Governor satisfies that it is necessary to make law then he can promulgate ordinances.
Ø The Governor has powers to pass ordinance on the matters on which the legislative assembly has powers.
Ø Once an ordinance is passed, it should be placed before Legislative assembly of the state or where there is a legislative council, before both the houses and approved by then within six weeks of their respective dates of reassembly.
Ø The ordinance lapses if it is not approved within the aforesaid six weeks or if it is rejected earlier or if the Governor himself withdraws the ordinance.
Limitation of Governor for promulgating ordinance
The Governor shall not promulgate any ordinance without the instruction from president in the following cases:
Ø If a bill containing the same provisions which requires the previous sanction of the president.
Ø If the Governor would have deemed it necessary to reserve the bill for the previous consideration of the president.
Ø If an act contains same provisions which has been reserved for the consideration of the president.