Governor's Ordinance Power Under Article 213: Detailed Analysis

This question asks us to identify the statement that is NOT correct regarding the Governor's power to promulgate ordinances, as outlined in the Indian Constitution.

Understanding Article 213

Article 213 of the Constitution of India grants the Governor of a State the power to promulgate Ordinances during the recess of the State Legislature. These Ordinances have the same force as an Act of the State Legislature but are subject to certain limitations and require subsequent legislative approval.

Analysis of Options

• Statement 1: It is clearly mentioned in the Article 213 of the Constitution of India

  This statement is correct. Article 213 specifically details the Governor's authority to issue ordinances when the legislative assembly (or both houses in bicameral states) is not in session.

• Statement 2: A prior permission from the President of India is required to the Governor, before promulgate every ordinance.

  This statement is NOT correct. While the Governor must seek prior instructions from the President before promulgating an ordinance in certain specific circumstances (e.g., if the ordinance would amend the Constitution, affect the powers of the High Court, or be inconsistent with constitutional provisions), it is not required for every ordinance. The Governor can issue ordinances independently in many cases. Therefore, this statement is inaccurate because it generalizes the requirement of Presidential approval.

  The proviso to Article 213(1) outlines these specific situations requiring the President's prior instructions.

• Statement 3: An ordinance promulgated under Article 213 shall have the same force and effect as an act of the legislature

  This statement is correct. Once promulgated, an ordinance has the same legal standing and effect as a law passed by the State Legislature. However, it must be laid before the legislature and ceases to operate after a specific period unless approved by the legislature.

• Statement 4: Ordinance may be withdrawn at any time by the Governor

  This statement is correct. The Governor has the authority to withdraw an ordinance at any point after its promulgation.

Conclusion

Based on the analysis of Article 213, the statement that is not correct is the one claiming that prior permission from the President is required for every ordinance. This requirement only applies in specific, constitutionally defined situations.