Which one of the following is NOT the ordinance making power of the Governor?
Governor shall have this power only when the legislature, or both Houses thereof, are not in session
The scope of ordinance making power is coextensive with the legislative powers of the state legislature
The Governor himself / herself shall not be competent to withdraw the ordinance at any time
It is not a discretionary power, but must be exercised with the aid and advice of Ministers
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC Geoscientist – 2021
A) This statement is correct. The Governor can exercise this power only when the legislative assembly (or both houses, if bicameral) is not in session.
B) This statement is correct. The scope of the ordinance-making power is coextensive with the legislative power of the State Legislature (limited to subjects in the State List and Concurrent List).
C) This statement is incorrect. The Governor *is* competent to withdraw an ordinance at any time before it is approved or disapproved by the legislature. The power to promulgate includes the power to withdraw.
D) This statement is correct. The Governor exercises this power on the advice of the Council of Ministers, not in their personal discretion (as established by Supreme Court judgments, e.g., Cooper case, D.C. Wadhwa case).
The question asks which one is NOT the ordinance making power of the Governor.