Question

Article 213 empowers the Governor to promulgate ordinances

• A. When the state legislature is not in session
• B. During the course of legislature session
• C. On the recommendation of the state cabinet
• D. With the permission of the union government

Hint:

Remember the parallel provisions for ordinance-making power: Article 123 for the President (when Parliament is not in session) and Article 213 for the Governor (when the State Legislature is not in session). The core condition is the same for both.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question is about the condition under which the Governor of a state can exercise the legislative power of promulgating an ordinance, as per Article 213 of the Constitution.

Step 2: Key Legal Provision:
Article 213(1) of the Constitution of India states: "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..."

Step 3: Detailed Explanation:
The clear wording of Article 213(1) specifies that the Governor's power to issue an ordinance can only be exercised when the state legislature (either the Assembly or both Houses, as the case may be) is not in session. This power is designed to be an emergency legislative power to deal with urgent matters when the legislature cannot convene.
- Option (B) is incorrect; this power is explicitly unavailable when the legislature is in session. - Option (C) is a necessary political condition (the Governor acts on the aid and advice of the council of ministers), but the constitutional pre-condition is that the legislature is not in session. Option (A) is the direct constitutional requirement mentioned in the Article. - Option (D) is incorrect; permission from the union government is not required, although for certain matters, the Governor may require instructions from the President.

Step 4: Final Answer:
Article 213 empowers the Governor to promulgate ordinances only when the state legislature is not in session.