213. Power of Governor to promulgate Ordinances during recess of
Legislature.—
(1) If at any time, except when the Legislative Assembly of a
State is in session, or where there is a Legislative Council in a State, except
when both Houses of the Legislature are in session, the Governor is satisfied
that circumstances exist which render it necessary for him to take immediate
action, he may promulgate such Ordinances as the circumstances appear to
him to require:
Provided that the Governor shall not, without instructions from the
President, promulgate any such Ordinance if—
(a) a Bill containing the same provisions would under this
Constitution have required the previous sanction of the President for the
introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill containing
the same provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same
provisions would under this Constitution have been invalid unless,
having been reserved for the consideration of the President, it had
received the assent of the President.
(2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of the Legislature of the State assented to by the
Governor, but every such Ordinance—
98 THE CONSTITUTION OF INDIA
(Part VI.—The States)
(a) shall be laid before the Legislative Assembly of the State, or
where there is a Legislative Council in the State, before both the Houses,
and shall cease to operate at the expiration of six weeks from the
reassembly of the Legislature, or if before the expiration of that period a
resolution disapproving it is passed by the Legislative Assembly and
agreed to by the Legislative Council, if any, upon the passing of the
resolution or, as the case may be, on the resolution being agreed to by
the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.—Where the Houses of the Legislature of a State having a
Legislative Council are summoned to reassemble on different dates, the period
of six weeks shall be reckoned from the later of those dates for the purposes of
this clause.
(3) If and so far as an Ordinance under this article makes any provision
which would not be valid if enacted in an Act of the Legislature of the State
assented to by the Governor, it shall be void:
Provided that , for the purposes of the provisions of this Constitution
relating to the effect of an Act of the Legislature of a State which is repugnant
to an Act of Parliament or an existing law with respect to a matter enumerated
in the Concurrent List, an Ordinance promulgated under this article in
pursuance of instructions from the President shall be deemed to be an Act of
the Legislature of the State which has been reserved for the consideration of the
President and assented to by him.
1
(4)* * * *
______________________________________________
1. Cl.
(4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (with
retrospective effect) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 27 (w.e.f. 20-6-1979).
99 THE CONSTITUTION OF INDIA
(Part VI.—The States)
CHAPTER V.—THE HIGH COURTS IN THE STATES
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