Question map
Which one of the following regarding the ordinance-making power of the Governor is not correct?
Explanation
Under Article 213 of the Constitution, the Governor's ordinance-making power is not a discretionary power [1]. The Governor can only exercise this power on the aid and advice of the Council of Ministers headed by the Chief Minister [1]. This power is intended to handle unforeseen or urgent situations when the State Legislature (or either House in a bicameral legislature) is not in session. An ordinance issued by the Governor has the same force and effect as an Act of the State Legislature. Furthermore, the Governor has the authority to withdraw an ordinance at any time. Therefore, the statement claiming that the aid and advice of ministers is not required is incorrect, as the Governor is constitutionally bound to act on ministerial advice except in specific discretionary matters, which do not include the general promulgation of ordinances [1].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ORDINANCE-MAKING POWER OF THE PRESIDENT > p. 198