Governor can issue an ordinance

Sign Up for Free Already have an account? Sign In. Open in App Create free Account. Search for:. Get Pass Pass. UP Police. AAI JE. Bihar Police. Home » UPSC. Download Post as PDF. Ordinance Making Power of President Article Ordinance Making Power of Governor Article The President can promulgate an ordinance only when he is satisfied with the fact that it is necessary for him to take an immediate action upon a specific issue.

Without instruction from the President, Governor cannot issue ordinance on following cases, If it is necessary for the Governor to reserve a certain bill for the consideration of the President. If the bill contains the provisions which would require previous sanction of the President for its introduction in the State Legislature.

Note: However, in contrast to this judgement, the 44th Constitutional Amendment Act asserted that the satisfaction of the President in issuing ordinance will be final and cannot be questioned for its constitutionality in the court of law.

Further, according to the article 1 , he can make ordinance only when he is satisfied that the circumstances exist which render it necessary for him to take immediate action. However, the President and Governor can issue or withdraw ordinances only on the recommendations of the Council of Ministers headed by the Prime Minister and the Council of Ministers headed by the Chief Minister respectively.

On the expiry of the 6 weeks, the ordinance will cease to exist if it is not accepted by the Parliament and converted into a Parliamentary law. In case, if the aspirants apply for the UPSC CSE examination, but do not appear in any of the two papers of preliminary examination, then it is not counted as an attempt. Continue Reading in App. Next Post. More from testbook.

A Governor can issue an ordinance— of A. Whenever Chief Minister advises him B. Whenever he likes C. Whenever the State Legislature is not in session D. Whenever the State Legislature is not in session.

From all these options Whenever the State Legislature is not in sessionWhenever the State Legislature is not in session is answer. If you find any mistake in A Governor can issue an ordinance— then definitely tell us through comment, or new Write the answer.

Whenever Chief Minister advises him. In the case, a series of ordinances were promulgated by the Governor of Bihar, from onwards, that provided for the taking over of of the Sanskrit schools in the State.

The services of teachers and other employees were transferred to the Government. Hence, they claimed their salary from the Government. None of these ordinances was laid before the Legislature, and no law was passed with regard to this. As soon as a previous ordinance ceased to operate, a fresh one was issued when the Legislature was not in session. Thus, a writ petition was filed before the High Court of Patna to resolve the matter.

The High Court of Patna dismissed the writ petition and held that the repeated re-promulgation of the ordinances was unconstitutional. Wadhwa and Ors. State of Bihar and Ors. The decision was appealed before a two-judge bench of the Supreme Court in However, they differed on the decision as to whether the first ordinance was valid or not. Thus, they referred the matter to a 3 judge bench. In , the Bench of three judges referred it to a Bench of five judges as it raised substantial questions relating to the Constitution.