Article 213 of the Indian Constitution: Ordinance Power and Constitutional Imperatives

Article 213 of the Indian Constitution: Ordinance Power and Constitutional Imperatives

Article 213 of the Indian Constitution: Ordinance-Making Power of the Governor

Article 213 of the Indian Constitution empowers the Governor of a state to promulgate ordinances during the recess of the State Legislature, providing a mechanism for urgent legislative action in exigent circumstances.

Constitutional Provisions:

Article 213 outlines the Governor's authority to promulgate ordinances when the State Legislature is not in session, granting temporary legislative powers to address pressing issues.

Case Law Illustrations:

Ram Jawaya Kapur v. State of Punjab (1955): This landmark case established that the Governor's ordinance-making power is not beyond judicial review and should be exercised cautiously, ensuring it doesn't transgress the legislative domain.

DC Wadhwa v. State of Bihar (1987): The Supreme Court reiterated that the Governor's ordinance-making power is a discretionary power, subject to certain limitations, and should be used sparingly.

Contemporary Relevance:

The ordinance-making power under Article 213 remains relevant in contemporary times, allowing swift legislative action in emergencies, but it's subject to scrutiny and limitations.

Challenges and Criticisms:

Constitutional Checks: Critics argue that the ordinance-making power bypasses the democratic process, emphasizing the need for robust checks and balances to prevent misuse.

Legislative Supremacy: There's ongoing debate about whether frequent use of ordinances encroaches upon the Legislature's supremacy, disrupting the separation of powers.

Conclusion:

Article 213 of the Indian Constitution provides the Governor with an ordinance-making power, offering a mechanism for immediate legislative action in emergencies. However, while this provision serves as an essential tool for addressing urgent issues, it's crucial to ensure its use aligns with constitutional principles and doesn't undermine the legislative process. The case laws highlighted above emphasize the need for cautious and judicious exercise of this power, ensuring it remains within the constitutional boundaries and serves the public interest.