Which of the following statements about the Ordinance-making power of the Governor is/are correct? 1. It is a discretionary power. 2. The Governor himself is not competent to withdraw the Ordinance at any time. Select the correct answer using the code given below.
Neither 1 nor 2
Understanding the Governor's Ordinance-making power is important for Indian Polity. This power is granted under Article 213 of the Constitution of India. Let's analyze the given statements about this power.
Analyzing Statements on Governor's Ordinance Power
The question asks whether two statements about the Ordinance-making power of the Governor are correct.
Statement 1: It is a discretionary power.
- The Governor exercises many powers based on the aid and advice of the Council of Ministers headed by the Chief Minister.
- The Ordinance-making power under Article 213 is exercised by the Governor when the State Legislative Assembly (or both Houses where there is a Legislative Council) is not in session and circumstances require immediate action.
- However, the Governor can issue an Ordinance only on the advice of the Council of Ministers. This is not a power the Governor can exercise independently based on their own judgment or discretion.
- Therefore, the Ordinance-making power is not a discretionary power of the Governor.
Based on this analysis, Statement 1 is incorrect.
Statement 2: The Governor himself is not competent to withdraw the Ordinance at any time.
- An Ordinance issued by the Governor has the same force and effect as an Act of the State Legislature.
- However, the Governor is empowered to withdraw an Ordinance at any time. This power to withdraw is also exercised on the advice of the Council of Ministers.
- Since the Governor can withdraw the Ordinance, the statement that the Governor is *not* competent to withdraw it is incorrect.
Based on this analysis, Statement 2 is also incorrect.
Conclusion on Governor's Ordinance Power Statements
Both Statement 1 (claiming it's a discretionary power) and Statement 2 (claiming the Governor cannot withdraw it) are incorrect regarding the Governor's Ordinance-making power.
The Ordinance-making power of the Governor is exercised on the advice of the Council of Ministers and the Governor can withdraw an Ordinance at any time, also on the advice of the Council of Ministers.
| Aspect | Governor's Ordinance Power |
|---|---|
| Source Article | Article 213 |
| Nature of Power | Not Discretionary (exercised on aid & advice) |
| Who can withdraw? | Governor (on aid & advice) |
| Timing of Issue | When Legislature is not in session |
| Status | Same force as State Act |
Revision Table: Key Facts on Governor's Ordinance
| Feature | Description |
|---|---|
| Constitutional Article | Article 213 |
| When Issued | When State Legislature is not in session and immediate action is needed. |
| Advice Needed? | Yes, acts on the aid and advice of the Council of Ministers. |
| Discretionary? | No. |
| Withdrawal | Can be withdrawn by the Governor at any time (on advice). |
| Duration | Ceases to operate six weeks from the reassembly of the Legislature, or earlier if disapproved by the Legislature. |
Additional Information: Governor's Ordinance Power Context
The Ordinance-making power is a temporary legislative power given to the executive when the legislature is not functioning. For the Governor's Ordinance:
- It must be laid before the State Legislature when it reassembles.
- The Legislature can approve or disapprove it. If approved, it becomes an Act. If disapproved, it ceases to operate.
- If no action is taken by the Legislature, the Ordinance ceases to operate six weeks from the date the Legislature reassembles.
- The maximum life of an Ordinance can be six months and six weeks (six months because the period between two sessions cannot exceed six months, and six weeks from the reassembly).
- This power is similar to the President's Ordinance-making power under Article 123, but applies at the state level.
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Select the correct answer using the code given below.
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Select the correct answer using the code given below:
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