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06-06-2023

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Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. [UPSC-2022]

Approach:

  1. Introduction: Define Governor in the context of India
  2. Main body: State the Powers of Governor and the essential conditions to those powers. Explain the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. Use the examples of popular cases.
  3. Conclusion: Conclude by stating the role of SC and mention about the importance of federalism.


Introduction:

A Governor is the nominal head of the state government and a part of the state executive, who also acts as an agent of the Union government. He is appointed by the President and possesses executive, legislative, financial, and judicial powers analogous to the President of India.


Main body:

Powers of Governor:

  • A Governor summons and prorogues the house of the state legislature.
  • Gives assent to the bills passed by the legislature.
  • Can give or withhold assent, return the bill for reconsideration , or reserve the bill for consideration of the President.
  • Authorized to issue ordinances under Article 213 of the Constitution
  • Has power to dissolve the State Legislative Assembly.

 

Essential conditions for the exercise of legislative powers by the Governor:

  • Prorogation or dissolution of the state legislature requires Recommendations of the Council of Ministers.
  • The question of disqualification of members of the state legislature is to be decided in consultation with the Election Commission.
  • Reserve certain bills for the consideration of the President, if the bill violates the constitution or is against directive principles of state policy (DPSP), is in conflict with union powers, against the larger interest of the country and people or a threat to the position of the state high court.

 

Ordinances are official directives that empower the government to take immediate legislative action when the Assembly is not in session.  


Legality of re-promulgation of ordinances by the Governor without placing them before the Legislature:

  • RC Cooper Case 1970: Supreme Court held that the decision to promulgate ordinance is subject to judicial review. 
  • DC Wadhwa (1987), Krishna Kumar Singh (2017) cases: The Supreme Court held that re-promulgation of ordinances is a violation of the Constitution as it seeks to avoid the Legislature, undermines the parliamentary supremacy and the principle of accountability of the Executive to the Legislature. 
  • It also contradicts Article 213, which provides for the sunset clause for the ordinance within six weeks of reassembly of the legislature, in case of its non-passage.

 

Conclusion:

Governor is an intermediary between the Union and the states/UTs and is expected to act like a bridge for ensuring cooperative federalism, rather than a pivot of centre-state tussle. The Supreme Court has played an imperative role in upholding the true spirit of federalism by curbing the exercise of uncontrolled powers, and has acted as a guardian of the Constitution in letter and spirit.

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