Understanding Ordinance Issuing Power in Indian States

The question asks about the authority who can issue an ordinance when the state legislature is not in session and there is a need for immediate action. This power is a crucial aspect of the executive's legislative capacity during periods when the legislative body is not functioning.

In the Indian parliamentary system, both the Union government and the state governments have provisions for issuing ordinances. An ordinance is essentially a temporary law promulgated by the executive head when the legislature is not in session. These ordinances have the same force and effect as an Act of the legislature but are temporary in nature and must be approved by the legislature within a specified time after it reassembles.

Analyzing the Options for Issuing State Ordinances

Let's examine the roles of the individuals listed in the options regarding the power to issue ordinances at the state level:

• Chief Minister: The Chief Minister is the head of the elected government in the state and the leader of the legislative assembly. While the Chief Minister and the Council of Ministers advise the Governor, the power to formally issue an ordinance rests with the constitutional head.
• President: The President is the constitutional head of the Union of India. The President has the power to issue ordinances under Article 123 of the Constitution when the Parliament (Lok Sabha or Rajya Sabha or both) is not in session. This power is at the central level, not the state level.
• Speaker of the Legislative Assembly: The Speaker is the presiding officer of the state Legislative Assembly. Their role is primarily related to the conduct of business within the Assembly, maintaining discipline, and interpreting the rules of procedure. The Speaker does not possess the power to issue laws or ordinances.
• Governor: The Governor is the constitutional head of the state, appointed by the President of India. Under Article 213 of the Constitution of India, the Governor is vested with the power to promulgate ordinances when the state Legislative Assembly (or both Houses in a bicameral legislature) is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action.

The Governor's Power to Promulgate Ordinances

Article 213 of the Constitution specifically deals with the Governor's power to promulgate ordinances. Key points about this power include:

• The Governor can issue an ordinance only when the state legislature (or either house, if bicameral) is not in session.
• The Governor must be satisfied that circumstances necessitate immediate action. This satisfaction is justiciable, meaning it can be challenged in court based on relevant facts.
• An ordinance promulgated by the Governor has the same force and effect as an Act passed by the state legislature.
• Every ordinance must be laid before the state legislature when it reassembles.
• It ceases to operate six weeks from the reassembly of the legislature unless disapproved earlier by the legislature.
• The Governor can also withdraw an ordinance at any time.
• An ordinance cannot be issued on a matter that the state legislature is not competent to legislate upon.

Therefore, the Governor is the correct authority empowered to issue ordinances under the specified conditions.

Conclusion on Ordinance Authority

Based on the constitutional provisions, the power to issue an ordinance when the state legislature is not in session and immediate action is required is conferred upon the Governor of the state.

Revision Table: Ordinance Power in India

Additional Information: Governor's Powers and Functions

Beyond the power to issue ordinances, the Governor exercises various executive, legislative, financial, and judicial powers in the state. Some key functions include:

• Appointing the Chief Minister and Council of Ministers.
• Making rules for the convenient transaction of the business of the state government.
• Summoning, proroguing, and dissolving the State Legislature.
• Addressing the state legislature.
• Giving assent to bills passed by the state legislature, or reserving bills for the consideration of the President.
• Laying the State Budget before the legislature.
• Appointing judges of the District Courts.
• Granting pardons, reprieves, respites, and remissions of punishment or suspending, remitting, or commuting the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the state extends.

The Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister, except in certain matters where the Constitution requires him to act in his discretion.