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Question

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.

This question was previously asked in
CDS I 2018 Elementary Mathematics Previous Year Paper (04-Feb-2018)
The correct answer is

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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Similar Questions

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    2. Telangana

    3. Bihar

    4. Uttar Pradesh

    Select the correct answer using the code given below:

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  4. Which one among the following States of India has the largest number of seats in its Legislative Assembly?

  5. Which one of the following is not considered a part of the Legislature of States?

  6. Which one of the following is not among the duties of the Chief Minister?

  7. Which of the following is not related to the powers of the Governor?

  8. Which one of the following regarding the ordinance-making power of the Governor is not correct?


Important Questions from State Government

  1. Who among the following can issue ordinance when the state legislature is not in session and he is satisfied that immediate action is required?
  2. Which is NOT the correct statement about the Governor?

  3. Which of the following states has a Legislative Council?

  4. Which of the following Indian states was known as North East Frontier Agency till 1972?

  5. Who was the first Chief Minister of Uttarakhand?

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