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Ordinance making power of President and Governor
- Ordinance making power of President – Ordinances are like a law but not enacted by the Parliament but rather promulgated by President of India when Lok Sabha and Rajya Sabha or either of those is not in session.
- Union Cabinet’s recommendation is a must for an ordinance to be promulgated, using ordinances, immediate legislative actions can be taken.
- Under Article 123 of the Constitution, the president is granted legislative powers to issue an ordinance when Parliament is not in session.
- The maximum validity of an ordinance is 6 months and 6 weeks.
- i.e. The law requires that an ordinance be approved by the Lok Sabha and Rajya Sabha within 6 months of its promulgation
- An ordinance will expire after 6 weeks once both houses of the Parliament are in session.
- A constitutional amendment cannot be made through ordinance route.
- Ordinance-making power of the governor under Article 213 is similar to that of the president under Article 123.
- The governor can issue ordinance only when two conditions are fulfilled
- The governor can only issue ordinances when the legislative assembly of a state both houses in session or where there are two houses in a state both houses are not in session.
- The governor must be satisfied that circumstance exist which render it necessary for him to take immediate action.
- The court cannot question the validity or the ordinance on the ground that there was no necessity or sufficient ground for issuing the ordinance by the governor.
- The existence of such necessity is not a justiciable discretionary and the exercise of ordinance-making power is not discretionary.
- The governor exercises this power on the advice of the cabinet.