The Governor and the ordinance-making power (Articles 153-163, 123 and 213)
LUG-104 Constitutional Law-I, Unit V: Promulgation of ordinances by the President and Governor (Articles 123 & 213). · LLB · 60 min
This lecture covers two syllabus topics: the Governor (topic 3: Articles 153-154, with appointment, tenure and discretion under Articles 155, 156 and 163, B.P. Singhal, Nabam Rebia and the recent assent cases) in its first four slides, and the promulgation of ordinances by the President and the Governor (topic 4: Articles 123 and 213) in the rest. It explains the conditions for an ordinance, its life and lapse, the 38th and 44th Amendments on the satisfaction of the President, re-promulgation (D.C. Wadhwa) and the rejection of 'enduring rights' (Krishna Kumar Singh), and the proviso to Article 213 requiring the President's instructions.
Objectives
- Describe the office of Governor: appointment, tenure at pleasure, qualifications and the limits on removal laid down in B.P. Singhal.
- Explain the Governor's discretion under Article 163 and its limits after Shamsher Singh and Nabam Rebia, including the recent decisions on assent to Bills.
- State the conditions under which the President and the Governor may promulgate an ordinance and when it ceases to operate.
- Apply R.C. Cooper, D.C. Wadhwa and Krishna Kumar Singh to questions of judicial review, re-promulgation and the effect of a lapsed ordinance.
- Explain the proviso to Article 213 requiring the President's instructions for certain State ordinances.
Slides
- Articles 153-159: the office of Governor
- Tenure at pleasure: B.P. Singhal v. Union of India (2010)
- Article 163: the Governor's discretion and Nabam Rebia (2016)
- Recent developments: the Governor and assent to Bills (Article 200)
- Article 123: the President's power to promulgate ordinances
- Article 213: the Governor's ordinances and the President's instructions
- Satisfaction and judicial review: R.C. Cooper, the 38th and 44th Amendments
- Re-promulgation: D.C. Wadhwa v. State of Bihar (1987)
- Effect of a lapsed ordinance: Krishna Kumar Singh v. State of Bihar (2017)
- Ordinances in practice and the criticism of 'ordinance raj'
- How the examiner asks it
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