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Q100 (CDS-I/2018) Polity & Governance › State Executive & Legislature › Governor powers, privileges, immunities Answer Verified

Which of the following statements about the Ordinance-making power of the Governor is/are correct? 1. It is a discretionary power. 2. The Governor himself is not competent to withdraw the Ordinance at any time. Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: D
Explanation

The Ordinance-making power of the Governor, under Article 213, is not a discretionary power. It must be exercised only on the aid and advice of the Council of Ministers headed by the Chief Minister [4]. Therefore, statement 1 is incorrect. Regarding statement 2, the Governor is indeed competent to withdraw an ordinance at any time [2]. This power of withdrawal, like the power of promulgation, is exercised on the advice of the Council of Ministers [4]. Since the Governor has the legal authority to withdraw the ordinance, the claim that he is 'not competent' is incorrect. Consequently, both statements are false, making 'Neither 1 nor 2' the correct choice. This legislative power is intended for immediate action when the State Legislature is not in session.

Sources

  1. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 32: State Council of Ministers > Article I Council of Ministers to aid and advise Governor > p. 329
  2. [4] https://interstatecouncil.gov.in/wp-content/uploads/2015/06/CHAPTERV.pdf
  3. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 41: Union Territories > SPECIAL PROVISIONS FOR DELHI > p. 412
  4. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 41: Union Territories > SPECIAL PROVISIONS FOR DELHI > p. 412
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