GS2 2022 Q12 15 marks 250 words State Executive

UPSC Mains 2022 GS2 Q12 — State Executive

Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (Answer in 250 words)

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Question Decoded — examiner's intent

Directive verbs
DiscussDiscuss
Scope keywords
essential conditionsexercise of the legislative powersGovernorlegality of re-promulgationwithout placing them before the Legislature
Implicit sub-parts
  • Constitutional provisions (Article 213) and prerequisites for issuing an ordinance.
  • Judicial interpretation of 're-promulgation' as a tool to bypass the legislature.
  • Analysis of the SC judgments in DC Wadhwa vs. State of Bihar and Krishna Kumar Singh vs. State of Bihar.
  • The impact of re-promulgation on the Principle of Separation of Powers.
Common pitfalls
  • Failing to mention Article 213 specifically, which distinguishes the Governor's power from the President's (Art 123).
  • Discussing the general powers of the Governor (executive/discretionary) instead of focusing strictly on legislative/ordinance-making powers.
  • Neglecting the landmark DC Wadhwa case which is the backbone of the 'legality' part of this question.
  • Treating re-promulgation as a purely political issue rather than a constitutional fraud/legal invalidity.
Dimensions required
ConstitutionalJudicialDemocratic/ParliamentaryEthical-Governance
Marks allocation hint

Allocate approximately 100 words to the 'essential conditions' (Art 213 prerequisites like 'not in session' and 'immediate action'). Use the remaining 150 words to analyze the 'legality of re-promulgation', focusing heavily on Case Law (Wadhwa and Krishna Kumar) and the concept of 'fraud on the constitution' to justify the marks for a 15-mark question.

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