Which one of the following regarding the ordinance-making power of the

Which one of the following regarding the ordinance-making power of the Governor is not correct?

It is not a discretionary power.

The Governor may withdraw the ordinance anytime.

The ordinance power can be exercised when the Legislature is not in session.

The aid and advice of ministers is not required for declaring the ordinance.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-2 – 2018

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The ordinance-making power of the Governor is granted under Article 213 of the Constitution. This power can be exercised when the State Legislature or either of the Houses (if bicameral) is not in session, and the Governor is satisfied that circumstances exist which render it necessary for them to take immediate action. As established by Supreme Court judgments (like the Cooper case, 1970, and Krishna Kumar Singh case, 2017), the Governor exercises this power not in their discretion, but on the aid and advice of the Council of Ministers. Therefore, the statement that the aid and advice of ministers is not required for declaring the ordinance is incorrect.

– The Governor’s ordinance-making power is exercised on the aid and advice of the Council of Ministers.
– This power is not a discretionary power of the Governor.
– An ordinance can be issued only when the legislature is not in session and the circumstances require immediate action.
– The Governor can withdraw the ordinance at any time.

An ordinance promulgated by the Governor has the same force and effect as an Act of the State Legislature. However, every such ordinance must be laid before the State Legislature when it reassembles and ceases to operate at the expiration of six weeks from the reassembly, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council (if any), upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council.

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