Which of the following statements about the Ordinance-making power of

Which of the following statements about the Ordinance-making power of the Governor is/are correct?

1. It is a discretionary power.
2. The Governor himself is not competent to withdraw the Ordinance at any time.

Select the correct answer using the code given below.

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-1 – 2018

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Neither statement 1 nor statement 2 about the Ordinance-making power of the Governor is correct.

The Ordinance-making power of the Governor (under Article 213 of the Indian Constitution) is exercised on the aid and advice of the Council of Ministers of the state. It is not a discretionary power. The Governor is competent to withdraw an Ordinance at any time on the advice of the Council of Ministers.

Article 213 states that the Governor can promulgate an Ordinance “when the Legislature of the State or where there are two Houses, both Houses are not in session,” if he is satisfied that circumstances require immediate action. However, this power is subject to the aid and advice of the Council of Ministers (as established by Supreme Court judgments, notably in Cooper case and subsequently). An Ordinance has the same force and effect as an Act of the Legislature but is temporary. It must be laid before the Legislative Assembly (and the Legislative Council in states with a bicameral legislature) when it reassembles and ceases to operate six weeks from the reassembly, or earlier if a resolution disapproving it is passed. The Governor can indeed withdraw an Ordinance at any time before it lapses or is approved/disapproved by the legislature.

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