The Governor has the power to promulgate Ordinances when the State Legislature is not in session and immediate legislative action is necessary.
This power is provided under:
Article 213
An Ordinance is a temporary law-making measure issued by the Governor when the Legislature is not available to enact a law through the normal legislative process.
The power is intended for:
Urgent and exceptional situations
and not as a substitute for regular legislation.
The Governor's Ordinance-making power is provided under:
Article 213
The Governor may promulgate an Ordinance when:
The Legislature cannot always remain in session.
However, situations may arise where immediate legal action is necessary.
Therefore:
Legislature Not in Session
↓
Urgent Situation
↓
Immediate Legislative Action Needed
↓
Governor
↓
Ordinance
The Ordinance provides temporary legislative authority until the Legislature reconvenes.
3. Conditions for Promulgation
An Ordinance can be promulgated only when the constitutional conditions under Article 213 are satisfied.
Condition 1 — Legislature Not in Session
The State Legislature must not be in session.
In a bicameral State, both Houses must not be in session.
Condition 2 — Immediate Action Necessary
The Governor must be satisfied that circumstances exist which render it necessary to take immediate action.
4. Governor's Satisfaction
Article 213 provides that the Governor must be satisfied that circumstances exist which render it necessary for him to take immediate action.
However, this does not mean:
Unlimited Personal Discretion
The Governor normally acts on the:
Aid and advice of the Council of Ministers
The Ordinance-making power therefore operates within the parliamentary executive system.
5. Governor's Ordinance vs President's Ordinance
The Governor's Ordinance-making power is comparable to the President's Ordinance-making power.
Governor President
Article 213 Article 123
State level Union level
State Legislature not in session Parliament not in session
Governor promulgates President promulgates
State subject framework Union subject framework
Memory trick:
Article 123 → President
Article 213 → Governor
6. Ordinance Has Force of Law
An Ordinance promulgated under Article 213 has:
The same force and effect as an Act of the State Legislature
subject to constitutional limitations.
Therefore:
Ordinance ≈ Temporary Law
It is not merely an executive order or administrative instruction.
7. Territorial Scope
An Ordinance promulgated by the Governor operates within the:
Territorial jurisdiction of the State
It cannot ordinarily create law beyond the constitutional legislative competence of the State.
The Ordinance must therefore comply with:
Constitution
Legislative competence
Fundamental Rights
Other constitutional limitations
8. Ordinance and Legislative Competence
The Governor cannot use an Ordinance to legislate on matters outside the:
Legislative competence of the State Legislature
Therefore, the same constitutional division of powers applicable to State legislation also limits Ordinance-making power.
The Ordinance must fall within the legislative field available to the State.
9. Constitutional Limitations
The Ordinance-making power is subject to:
Fundamental Rights
Legislative competence
Constitutional provisions
Judicial review
Parliamentary principles
Conditions prescribed under Article 213
The Governor cannot use an Ordinance to bypass constitutional limitations applicable to ordinary legislation.
10. Reservation for President
Article 213 contains an important limitation.
In certain circumstances, the Governor cannot promulgate an Ordinance without instructions from the:
President
This applies where a Bill containing the same provisions would require the Governor to:
Reserve it for the President, or
Obtain the President's assent
under the Constitution.
Therefore:
Some Ordinances require prior Presidential instructions.
11. Example of Presidential Instruction Requirement
If a proposed State law would require the Governor to reserve the Bill for the President, the Governor cannot ordinarily promulgate an Ordinance containing the same provisions without:
Instructions from the President
This prevents the Ordinance route from being used to bypass constitutional requirements relating to Presidential consideration.
12. Ordinance and Legislative Assembly
Once the State Legislature reassembles, the Ordinance must be placed before it.
The Ordinance does not continue indefinitely.
It must ultimately be:
Replaced by legislation
Disapproved
Allowed to lapse according to constitutional rules
13. Six-Week Rule
An Ordinance ceases to operate at the expiration of:
Six weeks from the reassembly of the Legislature
unless it is replaced by an Act or otherwise ceases earlier according to the Constitution.
In a bicameral State, the six-week period is calculated from the later date when the two Houses reassemble.
14. Maximum Practical Life
The Constitution does not prescribe an absolute fixed maximum life from the date of promulgation.
The duration depends on:
When the Legislature reassembles
The six-week period after reassembly
Whether the Ordinance is replaced by legislation
Whether it is withdrawn earlier
Therefore, do not simply memorise:
"Ordinance lasts six months."
The correct rule is:
Six weeks after reassembly of the Legislature
subject to constitutional provisions.
15. Re-Promulgation of Ordinances
Repeatedly re-promulgating the same Ordinance without placing the matter before the Legislature is constitutionally problematic.
The Ordinance power is intended to address:
Temporary legislative urgency
not to create a permanent alternative to the Legislature.
16. D.C. Wadhwa Case
D.C. Wadhwa v. State of Bihar — 1987
The Supreme Court examined the practice of repeatedly re-promulgating Ordinances in Bihar.
The Court criticised the practice of using repeated Ordinances to bypass the Legislature.
The case established an important principle:
Repeated re-promulgation cannot be used as a substitute for legislative process.
17. Krishna Kumar Singh Case
Krishna Kumar Singh v. State of Bihar — 2017
The Supreme Court further examined the constitutional limits of Ordinance-making.
The Court emphasised that Ordinance-making is:
An exceptional legislative power
and cannot be treated as an ordinary law-making mechanism.
The judgment strengthened the principle that repeated re-promulgation undermines the constitutional role of the Legislature.
18. Ordinance and Judicial Review
The Governor's Ordinance-making power is subject to:
Judicial Review
Courts can examine whether:
Constitutional requirements were satisfied
Legislative competence existed
Fundamental Rights were violated
The power was exercised for an improper purpose
Constitutional limitations were breached
Therefore:
Ordinance ≠ Immune from Judicial Review
19. Governor's Ordinance and Aid & Advice
The Governor is not normally an independent law-making authority.
The Governor ordinarily acts on the:
Aid and advice of the Council of Ministers
The real political initiative for promulgating an Ordinance generally comes from the elected State Government.
Therefore:
Urgent legislative need
↓
Council of Ministers
↓
Advice
↓
Governor
↓
Ordinance
20. Can Governor Refuse an Ordinance?
The Governor's role must be understood within Article 163.
Normally, the Governor acts on the advice of the Council of Ministers.
However, Article 213 itself contains constitutional limitations and circumstances involving Presidential instructions.
Therefore, the Governor's Ordinance power should not be understood as an unrestricted personal veto over government policy.
21. Ordinance vs Act
Ordinance Act
Promulgated by Governor Passed by State Legislature
Article 213 Legislative process
Used when Legislature is not in session Passed through legislative procedure
Temporary in nature Permanent unless repealed/invalidated
Requires legislative consideration after reassembly Already enacted by Legislature
Exceptional law-making route Normal law-making route
22. Ordinance vs Executive Order
These are different.
Ordinance
Has force and effect of law
Issued under Article 213
Can create legal rights and obligations
Must satisfy constitutional requirements
Executive Order
Administrative direction
Does not have the same legislative status as an Ordinance
Cannot override an existing law or constitutional provision
Therefore:
Ordinance = Temporary legislative measure
Executive Order = Administrative action
23. Ordinance and Fundamental Rights
An Ordinance is subject to the:
Fundamental Rights
The Governor cannot use Article 213 to bypass constitutional protections.
If an Ordinance violates Fundamental Rights, it can be challenged before the courts.
24. Ordinance and Money Matters
An Ordinance can deal with matters that fall within the State Legislature's legislative competence, subject to Article 213 and other constitutional requirements.
However, constitutional provisions concerning:
Money Bills
Financial Bills
Appropriation
Taxation
continue to apply.
The Ordinance route cannot be used to bypass specific constitutional requirements governing State financial legislation.
25. Ordinance and State Legislature
The Ordinance is intended to operate only during the period when the Legislature is unavailable to perform its ordinary legislative function.
Once the Legislature reassembles:
Legislative supremacy is restored through the ordinary law-making process.
Therefore:
Legislature Not in Session
↓
Ordinance
↓
Legislature Reassembles
↓
Legislative Consideration
↓
Act / Lapse / Disapproval
26. Withdrawal of Ordinance
The Governor may withdraw an Ordinance.
The constitutional mechanism operates within the framework of:
Article 213 + Article 163
and the advice of the Council of Ministers.
Thus, withdrawal is also connected with the parliamentary executive system.
27. Ordinance-Making Power — Complete Flow
Legislature Not in Session
↓
Immediate Action Necessary
↓
Council of Ministers Advises
↓
Governor
↓
Article 213
↓
Ordinance Promulgated
↓
Force and Effect of Law
↓
Legislature Reassembles
↓
Within Six Weeks
↓
┌──────────────┬──────────────┐
↓ ↓ ↓
Passed as Not Approved Withdrawn /
Act → Lapses Otherwise Ceases
28. Governor vs President — Ordinance Power
President — Article 123
Parliament not in session.
Governor — Article 213
State Legislature not in session.
Both powers:
Are temporary
Have force of law
Are subject to constitutional limitations
Are subject to judicial review
Must ultimately face the Legislature/Parliament
29. Important Supreme Court Judgments
D.C. Wadhwa v. State of Bihar — 1987
Important for:
Repeated re-promulgation of Ordinances
The Supreme Court held that repeated re-promulgation to bypass the Legislature is unconstitutional in principle.
Krishna Kumar Singh v. State of Bihar — 2017
Important for:
Ordinance-making power
Re-promulgation
Legislative supremacy
Judicial review
Exceptional nature of Ordinance power
The Court emphasised that the Ordinance-making power cannot become a parallel legislative process.
30. UPSC Prelims Facts
Governor's Ordinance-making power is under Article 213.
President's Ordinance-making power is under Article 123.
Governor can promulgate an Ordinance when the State Legislature is not in session.
In a bicameral State, both Houses must not be in session.
Immediate action must be considered necessary.
Ordinance has the same force and effect as an Act of the State Legislature, subject to constitutional limitations.
Ordinance is temporary in nature.
It ceases to operate six weeks after the reassembly of the Legislature unless it ceases earlier.
In a bicameral State, the six-week period runs from the later date of reassembly of the two Houses.
Certain Ordinances require instructions from the President.
Ordinance-making power is subject to judicial review.
Repeated re-promulgation to bypass the Legislature is constitutionally impermissible.
D.C. Wadhwa case is associated with repeated re-promulgation.
Krishna Kumar Singh case further examined the constitutional limits of Ordinance-making.
31. UPSC Prelims Traps
Trap 1
"Governor can issue an Ordinance even when the State Legislature is in session."
False
Article 213 applies when the Legislature is not in session.
In a bicameral State, both Houses must not be in session.
Trap 2
"Governor's Ordinance is merely an executive order."
False
It has the force and effect of law, subject to constitutional limitations.
Trap 3
"An Ordinance automatically becomes a permanent law."
False
It is temporary and must be dealt with by the Legislature after reassembly.
Trap 4
"An Ordinance remains valid for exactly six months."
False
The key rule is:
Six weeks after reassembly of the Legislature
Trap 5
"Governor can repeatedly re-promulgate an Ordinance indefinitely."
False
Repeated re-promulgation to bypass the Legislature is constitutionally impermissible.
Trap 6
"Governor's Ordinance-making power is completely discretionary."
False
The Governor normally acts on the aid and advice of the Council of Ministers and is subject to constitutional limitations.
Trap 7
"Article 213 gives the Governor the same Ordinance power as the President."
False
The powers are broadly analogous but operate at different constitutional levels and are subject to their respective provisions.
Trap 8
"Every State Ordinance can be promulgated without Presidential involvement."
False
Article 213 specifies circumstances where the Governor requires instructions from the President.
32. Quick Revision
ARTICLE 213
↓
Governor's Ordinance Power
↓
Legislature Not in Session
+
Immediate Action Necessary
↓
Governor
↓
Ordinance
↓
Force + Effect of Law
↓
Legislature Reassembles
↓
Six Weeks
↓
Act / Lapse / Other Constitutional Outcome
33. Article Memory Trick
Remember:
123 → President → Ordinance
213 → Governor → Ordinance
200 → Governor → Assent to Bills
163 → Governor → Aid + Advice
34. Mains Perspective
The Ordinance-making power represents a necessary exception to the normal legislative process.
It allows the State Government to respond to urgent situations when the Legislature is not in session.
However, excessive use can weaken:
Legislative scrutiny
Parliamentary democracy
Separation of powers
Constitutional accountability
Therefore, Article 213 should be understood as:
An emergency legislative mechanism, not a substitute for the Legislature.
The key constitutional balance is:
Executive Urgency + Legislative Supremacy
35. Way Forward
Use Only for Genuine Urgency
Ordinances should be reserved for situations requiring immediate legislative action.
Avoid Routine Use
The Ordinance route should not become an alternative to ordinary legislation.
Timely Legislative Approval
The government should place Ordinances before the Legislature as soon as it reassembles.
Avoid Re-Promulgation
Repeated re-promulgation should not be used to bypass legislative scrutiny.
Maintain Judicial Review
Courts should remain available to examine unconstitutional use of Ordinance power.
36. Final Takeaway
The Governor's Ordinance-making power is provided under:
Article 213
The basic conditions are:
Legislature Not in Session + Immediate Action Necessary
The Ordinance:
Has the force and effect of law
but is:
Temporary + Constitutionally Limited + Subject to Judicial Review
After the Legislature reassembles:
Six Weeks → Ordinance ceases unless dealt with constitutionally
The most important UPSC distinction is:
Article 123 → President
Article 213 → Governor
And the most important constitutional principle is:
Ordinance is an exceptional law-making power, not a substitute for the Legislature.