Question

The power to promulgate an ordinance is an instance of the:

• A. Executive power of the Governor
• B. Delegated power of the Governor
• C. Sovereign prerogative power of the Governor
• D. None of the above
• A. Legislative power is vested in the legislatures by the Constitution of India
• B. It is a colourable exercise of power under the Constitution of India
• C. The role of the Executive is to implement a law, not make it
• D. None of the above
• A. Both Houses are not in session
• B. When a Proclamation of Emergency is in operation
• C. When the state has been placed under President’s rule
• D. None of the above
• A. Six weeks
• B. Six months
• C. Six-and-a-half months
• D. One year
• A. An Ordinance which is not laid before the Legislature in the manner prescribed by Article 213 shall not have any legal effect and consequences.
• B. An Ordinance which is not laid before the Legislature in the manner prescribed by Article 213 shall be void from the date that it should have obtained approval.
• C. An Ordinance which is not laid before the Legislature in the manner prescribed by Article 213 shall be void from the date the ordinance is replaced by a law made by the Legislature to replace the Ordinance.
• D. An Ordinance which is not laid before the Legislature in the manner prescribed by Article 213 shall be considered as a temporary statute.
• A. i alone is correct
• B. i and ii are correct
• C. i, ii and iii are correct
• D. None of the above
• A. i, ii and iii are correct
• B. i and iii are correct
• C. i and ii are correct
• D. None is correct
• A. Is not subject to judicial review since it is a political question
• B. Is subject to judicial review with regard to the relevancy of the material on which such satisfaction is based
• C. Is subject to judicial review with regard to the adequacy of materials on which such satisfaction is based
• D. None of the above
• A. i, ii, and iii are correct
• B. ii and iii are correct
• C. i and iii are correct
• D. All the above are correct
• A. Statutory in nature and has binding effect upon the Government
• B. A mere expression of the opinion of the House
• C. A decision of the House relating to the control of its proceedings
• D. An exercise of delegated legislation

Answer 1

The Correct Option is A

Step 1: Constitutional provision.
The Governor’s ordinance-making power is derived from Article 213 of the Constitution of India. It allows the Governor to promulgate ordinances when the Legislative Assembly (or both Houses in a bicameral state) is not in session.
Step 2: Nature of the power.
Although ordinance-making is a law-making function, it is exercised by the Executive (Governor) on the aid and advice of the Council of Ministers. Therefore, it is categorised under the Governor’s executive power, not as a delegated legislative power in the usual sense.
Step 3: Elimination of other options.
(B) Delegated power — not correct; this is a constitutional power, not delegated by legislature.
(C) Sovereign prerogative — India does not recognise absolute “Crown-like” prerogatives; all powers stem from the Constitution.
\[ \boxed{\text{Executive power of the Governor}} \]

Answer 2

Step 1: Principle in D.C. Wadhwa.
The Supreme Court criticised the practice of repeatedly re-promulgating ordinances without placing them before the legislature. This undermined the role of the legislature as the primary law-making body.
Step 2: Core reasoning.
Re-promulgation amounts to the Executive bypassing the Legislature, thereby usurping legislative functions. Since legislative power is constitutionally vested in legislatures (Arts. 168–212 for states), this practice was labelled a “fraud on the Constitution.” 
Step 3: Eliminate distractors.
(B) “Colourable exercise of power” is a possible characterisation but the primary doctrinal basis used was that legislative power rests with legislatures.
(C) is correct in spirit but not the direct holding cited in the case.
\[ \boxed{\text{Legislative power is vested in the legislatures by the Constitution of India}} \]

Answer 3

Step 1: Condition under Article 213.
An ordinance can be issued only when the legislature is not in session. In a bicameral state, this means both Houses must not be in session. 
Step 2: Why?
The ordinance power is an emergency law-making mechanism meant to deal with situations when immediate action is required, and the normal legislative process is unavailable. 
Step 3: Eliminate wrong options.
(B) Emergency is irrelevant; ordinance power is independent of emergency provisions.
(C) President’s Rule shifts law-making to Parliament under Art. 356; the Governor doesn’t exercise ordinance power in that context.
\[ \boxed{\text{Both Houses are not in session}} \]

Answer 4

Step 1: Maximum duration calculation.
An ordinance can be promulgated at any time when the legislature is not in session. It must be laid before the legislature upon reassembly and will cease to operate six weeks after the legislature reconvenes, unless approved. 
Step 2: Derivation of 6.5 months.
If the Governor issues an ordinance on the first day after the legislature adjourns for 6 months, that ordinance lasts the adjournment period (6 months) + 6 weeks (1.5 months) after reassembly. Hence, maximum possible life = 6 months + 6 weeks = 6.5 months. 
Step 3: Judicial reference.
The Krishna Kumar Singh v. State of Bihar case confirms that laying before the legislature is mandatory, and the “cease to operate” clause in Art. 213(2)(a) is strict. \[ \boxed{\text{Six-and-a-half months}} \]

Answer 5

Step 1: Understanding the KK Singh ruling.
The Supreme Court in Krishna Kumar Singh v. State of Bihar (2017) held that the requirement to lay an ordinance before the legislature under Article 213(2) is mandatory. Failure to do so results in the ordinance having no legal effect. 
Step 2: Overruling earlier decisions.
Earlier 5-Judge bench rulings had taken a more lenient view, treating such non-laid ordinances as valid until expiration. KK Singh explicitly overruled this. 
Step 3: Why Option (A) is correct.
The judgment clarified that non-compliance renders the ordinance void ab initio in terms of enforceability — it cannot produce legal consequences. \[ \boxed{\text{No legal effect if not laid before Legislature as per Art. 213}} \]

Answer 6

Step 1: Ordinance as ‘law’ under Article 13.
The Supreme Court has repeatedly held (e.g., in A.K. Roy v. Union of India) that ordinances are “law” within the meaning of Article 13(3)(a). Hence, they are subject to Fundamental Rights review. 
Step 2: On prior approval.
(ii) is incorrect: Prior approval of the President is not required in all cases — only in specific circumstances under the provisos to Art. 213(1). 
Step 3: On legislative competence.
(iii) is incorrect: Ordinances must conform to the same subject-matter restrictions as any State law under Article 246 and the Seventh Schedule. \[ \boxed{\text{i alone is correct}} \]

Answer 7

Step 1: Requirement under provisos to Article 213(1).
The Governor must reserve an ordinance for President’s consideration in three situations: 1. When a state is under President’s Rule (Art. 356) — i.e., Governor acts under Union’s directions.
2. When ordinance relates to restrictions under Art. 304(b) — this requires President’s sanction.
3. When ordinance is repugnant to an existing Parliamentary law in the Concurrent List — requires President’s assent to be valid.
Step 2: Matching to statements.
All three given statements match the constitutional text exactly, hence all are correct. \[ \boxed{\text{i, ii and iii are correct}} \]

Answer 8

Step 1: Governor’s satisfaction under Art. 213(1).
The Constitution requires “satisfaction” of the Governor as a precondition to promulgating an ordinance. This is a constitutional safeguard against arbitrary ordinance-making. 
Step 2: Judicial review scope as per KK Singh.
The Court clarified that while the adequacy of material (how much or how strong the evidence is) is not reviewable, the relevancy of the material (whether it has any rational nexus to the urgency requirement) is open to judicial review. 
Step 3: Elimination of options.
(A) is incorrect — satisfaction is justiciable. (C) is incorrect — adequacy is non-justiciable. (D) is incorrect — (B) matches the Court’s holding. \[ \boxed{\text{Judicial review limited to relevancy of material — not adequacy.}} \]

Answer 9

Step 1: Understanding “ceases to operate”.
Art. 213(2) uses “ceases to operate” for ordinances post six weeks from reassembly or upon disapproval. The Court explained this phrase does not mean repeal, voidness, or temporary nature — it has its own constitutional connotation. 
Step 2: Role of Section 6, General Clauses Act.
Section 6 generally applies on repeal unless excluded. In KK Singh, the Court held that in absence of a savings clause in Art. 213, Section 6 does not automatically preserve rights from a lapsed ordinance. 
Step 3: Why all four statements are correct.
All four reflect the majority’s nuanced distinctions: i — Correct: Ceasing is different from voidness. ii — Correct: Different from temporary statutes enacted with fixed expiry. iii — Correct: Different from repeal of permanent law. iv — Correct: No saving without explicit provision. \[ \boxed{\text{All four statements correct as per KK Singh.}} \]

Answer 10

Step 1: Legal effect of disapproval resolution.
Under Art. 213(2)(a), if the Legislature passes a resolution disapproving an ordinance, it shall cease to operate from the date of such resolution. Step 2: Nature of the resolution.
Since this outcome is mandated by the Constitution, the resolution is not merely an advisory opinion — it is binding and has statutory force. Step 3: Eliminating other options.
(B) is incorrect — it’s more than an opinion. (C) is incorrect — control of proceedings is irrelevant; effect is constitutional. (D) is incorrect — this is not delegated legislation but a constitutional check. \[ \boxed{\text{Statutory in nature, binding on Government.}} \]