Which Article of the Indian Constitution empowers the Governor to promulgate ordinances when the state legislature is not in session?

The correct answer is Article 213.

Key Points

• Article 213 of the Indian Constitution empowers the Governor to promulgate ordinances when the state legislature is not in session.
• The Governor can issue ordinances under Article 213 only when he/she is satisfied that circumstances require immediate action.
• Ordinances issued under Article 213 have the same force and effect as laws enacted by the state legislature.
• These ordinances must be approved by the state legislature within six weeks of its reassembly; otherwise, they cease to operate.
• The provision ensures the Governor can address urgent matters when the legislature is not available, maintaining governance continuity.

Additional Information

• Ordinance: It is a temporary law enacted by the executive authority (Governor or President) when the legislature is not in session.
• Article 123: Similar to Article 213, it empowers the President to promulgate ordinances when Parliament is not in session.
• Limitations: The ordinance-making power cannot be used to bypass the legislature or amend the Constitution.
• Judicial Review: Ordinances are subject to judicial review to ensure compliance with constitutional provisions.
• Historical Context: The ordinance-making power was introduced in India as part of the Government of India Act, 1935, and later incorporated into the Constitution of India.