Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC CSE Mains 2022 - General Studies Paper 2)
The Governor is a part of the state executive in India and the constitution of India has given her/him various legislative powers under part VI of the constitution.
There are different essential conditions under which the Governor uses its legislative powers:
- Every new year the first session of the state legislature is addressed by the Governor.
- If the office of the speaker or the deputy speaker (chairman or deputy chairman in case of the legislative council) is vacant to preside the state legislative assembly (SLA), then Governor can appoint any member from the SLA to preside for the meeting.
- Governor can reserve any bill of the state legislature (except the money bill) for reconsideration by the president.
- In the condition of the disqualification of the member of the state legislature, Governor can decide its legality after consultation with the Election Commission.
- The most important legislative power the Governor perform is that he can make ordinances when the state legislature is not in session.
Under Article 213 of the constitution, the Governor can issue ordinances when the state legislature is not in session and he can re-promulgate the ordinance thrice.
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Illegality of Re-promulgation
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Reasons for Repromulgation
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D.C. Wadhwa v State of Bihar
• mechanical re-promulgation of ordinance without being approved by the legislature resulted in colourable exercise of power by the executive.
• ruled re-promulgation of ordinances as unconstitutional.
Krishna Kumar Singh vs. State of Bihar
• Re-promulgation undermines parliamentary legislative procedures and hence is a violation of Indian Constitution.
• Failure to place an ordinance before the legislature constitutes abuse of power and a fraud on the Constitution.
• Satisfaction of President/Governor while issuing ordinance is not immune from judicial review.
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Exception provided by D.C. Wadhwa for Repromulgation
• Matter could not be taken up due to existing legislative business
• Occurrence of an emergent situation where repromulgation becomes necessary Constitution does not expressly prohibits repromulgation.
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The Governor is a titular head or constitutional head and at the same time, he is the agent of the centre as the union government nominates the Governor in each state. Hence the governor’s role as linchpin between centre and state is paramount.
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