Roadmap for Answer Writing
1. Introduction
- Contextual Background: Introduce the role of the Governor as the constitutional head of a state and their legislative powers.
- Thesis Statement: State the importance of understanding the conditions for exercising these powers and the legality of re-promulgating ordinances without legislative approval.
2. Body
A. Essential Conditions for Exercise of Legislative Powers by the Governor
- Ordinance-Making Power
- Explanation: The Governor can promulgate ordinances when the State Legislature is not in session and urgent action is required.
- Fact: Under Article 213, ordinances must be presented before the State Legislature upon its reconvening and cease to operate after six weeks unless ratified.
Source: Article 213 of the Indian Constitution.
- Discretionary Powers
- Explanation: The Governor has discretionary powers in specific scenarios, such as when there is no clear majority in the State Legislature or during constitutional crises.
- Function: The Governor can exercise discretion to ensure stability and smooth governance in such situations.
Source: Constitutional provisions regarding the Governor’s role.
B. Legality of Re-Promulgation of Ordinances
- Judicial Precedents
- Explanation: Discuss the implications of re-promulgating ordinances without placing them before the Legislature.
- Fact: In D.C. Wadhwa v. State of Bihar (1987), the Supreme Court ruled that re-promulgation without legislative approval is unconstitutional.
Source: D.C. Wadhwa v. State of Bihar, 1987. - Observation: The ordinance-making power is a temporary measure, not a substitute for legislative authority.
- Reiteration of Legal Principles
- Explanation: Highlight the reaffirmation of principles in later judgments.
- Fact: The 2017 case of Krishna Kumar Singh v. State of Bihar reiterated that re-promulgating ordinances without legislative approval is a “fraud on the Constitution.”
Source: Krishna Kumar Singh v. State of Bihar, 2017. - Conclusion: The Court emphasized using the Governor’s ordinance-making power judiciously and only in emergencies.
3. Conclusion
- Summary of Key Points: Recap the essential conditions for the Governor’s legislative powers and the illegality of unchecked re-promulgation of ordinances.
- Final Reflection: Emphasize the necessity of legislative oversight to maintain democratic principles and constitutional integrity.
Relevant Facts for Use
- Ordinance-Making Power: The Governor can issue ordinances under Article 213 when the Legislature is not in session.
- Legislative Approval Requirement: Ordinances cease to operate after six weeks if not approved by the Legislature.
- Discretionary Powers: The Governor can act discretionarily during constitutional crises or when no party has a clear majority.
- Judicial Rulings: The Supreme Court’s ruling in D.C. Wadhwa v. State of Bihar declared the re-promulgation of ordinances without legislative approval unconstitutional.
- Fraud on the Constitution: The Krishna Kumar Singh v. State of Bihar ruling echoed the need for legislative oversight in ordinance-making.
This roadmap provides a structured approach to discussing the Governor’s legislative powers and the legality of re-promulgation of ordinances, ensuring a comprehensive examination of the topic.
Model Answer
Introduction
The Governor, as the constitutional head of a state in India, wields specific legislative powers designed to address urgent issues when the State Legislature is not in session. Understanding these powers and the legality of their exercise is crucial for maintaining democratic governance.
Essential Conditions for Exercise of Legislative Powers by the Governor
1. Ordinance-Making Power
Under Article 213 of the Constitution, the Governor can promulgate ordinances when the State Legislature is not in session and immediate action is required.
2. Discretionary Powers
The Governor possesses discretionary powers in specific situations, such as when no party has a clear majority in the State Legislature or during a constitutional crisis.
Legality of Re-Promulgation of Ordinances
Re-promulgation of ordinances without placing them before the Legislature contravenes the spirit of the Constitution, which emphasizes legislative oversight and democratic governance.
Conclusion
Maintaining a balance between the Governor’s legislative powers and the necessity for legislative scrutiny is vital for upholding the spirit of the Constitution and preserving India’s democratic framework. The judicial precedents underscore the importance of legislative oversight in the exercise of these powers.
Essential Conditions for Exercise of Legislative Powers by the Governor:
Legality of Re-Promulgation of Ordinances:
The re-promulgation of ordinances by the Governor without placing them before the Legislature is constitutionally questionable. Ordinances, issued under Article 123 (for the President) and Article 213 (for the Governor) of the Constitution, are meant to address urgent situations when the Legislature is not in session.
Key Issues:
In summary, while the Governor has specific legislative powers under the Constitution, re-promulgating ordinances without legislative approval is considered unconstitutional, as it bypasses the Legislature’s role and undermines democratic processes.