Understanding the Governor's Ordinance-Making Power in India

The question asks us to identify the incorrect statement regarding the ordinance-making power of the Governor in India. This power is granted to the Governor under Article 213 of the Constitution of India.

Article 213 empowers the Governor to promulgate ordinances when the State Legislature, or either of the Houses where there is a Legislative Council, is not in session. These ordinances have the same force and effect as an Act of the State Legislature.

Analyzing the Given Statements on Governor's Ordinance Power

Let's examine each statement about the Governor's ordinance-making power:

1. It is not a discretionary power. The Governor, under the Indian constitutional scheme, generally acts on the aid and advice of the Council of Ministers headed by the Chief Minister (Article 163). The power to promulgate an ordinance is not listed among the few discretionary powers explicitly mentioned or implied for the Governor. Therefore, this power is typically exercised on the aid and advice of the Council of Ministers. This statement appears to be correct.
2. The Governor may withdraw the ordinance anytime. Article 213(2)(b) of the Constitution explicitly states that an ordinance promulgated by the Governor "may be withdrawn at any time by the Governor". This provision confirms that the Governor has the power to withdraw an ordinance at any point after its promulgation. This statement is correct.
3. The ordinance power can be exercised when the Legislature is not in session. Article 213(1) clearly states that the Governor can exercise this power "when the Legislative Assembly of a State is not in session or where there is a Legislative Council in a State, when both Houses are not in session". This condition is fundamental to the ordinance-making power, intended for urgent situations when the legislature is unable to make laws. This statement is correct.
4. The aid and advice of ministers is not required for declaring the ordinance. As discussed under point 1, the Governor acts on the aid and advice of the Council of Ministers in almost all their functions, including the ordinance-making power. This power is not a discretionary power. Therefore, the aid and advice of the Council of Ministers *is* required. The statement claims it is *not* required, making this statement incorrect.

Based on the analysis of each statement and the constitutional provisions, the statement that is not correct regarding the Governor's ordinance-making power is that the aid and advice of ministers is not required for declaring the ordinance.

Limitations and Duration of Governor's Ordinances

It is important to note the temporary nature of Governor's ordinances. An ordinance promulgated under Article 213:

• Must be laid before the Legislative Assembly (and the Legislative Council, if any) when it reassembles.
• Ceases to operate at the expiration of six weeks from the reassembly of the Legislature, unless it is disapproved by a resolution of the Legislative Assembly (and agreed to by the Legislative Council, if any) before the expiration of that period.
• Can also cease to operate earlier if a resolution disapproving it is passed.
• The maximum possible life of an ordinance can be six months and six weeks (six months being the maximum gap between two sessions of the legislature, plus six weeks).

The requirement for the Governor to act on the aid and advice of the Council of Ministers for promulgating ordinances is a well-established constitutional principle, reinforcing the parliamentary system of government at the state level.

Revision Table: Key Points on Governor's Ordinance Power

Additional Information on Ordinance Making Power

Comparing the Governor's ordinance power (Article 213) with the President's ordinance power (Article 123):

• Both are exercised when the respective legislatures (Parliament for President, State Legislature for Governor) are not in session.
• Both require the aid and advice of their respective Councils of Ministers (Union Council of Ministers for President, State Council of Ministers for Governor).
• Both have the same force and effect as laws passed by the legislature.
• Both have a maximum life of six weeks from the reassembly of the legislature, unless approved or disapproved.
• Both can be withdrawn anytime by the executive head (President or Governor).

The power to promulgate ordinances is an important legislative power granted to the executive, but it is intended for exceptional circumstances and is subject to legislative control as the ordinance must ultimately be approved by the legislature.