The Governor is the constitutional head of a state and derives legislative powers under Part VI of the Constitution (Articles 174–213). Though largely exercised on the aid and advice of the Council of Ministers, these powers play a vital role in maintaining the balance between executive and legislature.

Essential Conditions for Exercise of Legislative Powers by the Governor

1. Summoning and Proroguing of Legislature (Article 174)

   • The Governor summons and prorogues the sessions of the state legislature.

   • However, this power must be exercised on the aid and advice of the Council of Ministers (Shamsher Singh v. State of Punjab, 1974).

   • Example: In 2023, Rajasthan CM accused the Governor of delaying the Assembly session, raising debate over discretionary misuse.

2. Addressing the Legislature (Article 176)

   • At the beginning of the first session every year and after general elections, the Governor addresses the legislature, outlining government policies.

   • This ensures executive accountability to the legislature.

3. Assent to Bills (Article 200)

   • Governor may:

     • Give assent,
     • Withhold assent,
     • Return a bill for reconsideration (if not a money bill),
     • Reserve for Presidential consideration.

   • Reservation is mandatory if the bill derogates High Court powers or violates the Constitution.

   • Example: Tamil Nadu’s NEET Bill was reserved for Presidential assent in 2022.

4. Ordinance-Making Power (Article 213)

   • Conditions:

     • Legislature not in session.
     • Immediate action necessary.

   • Ordinance has same force as an Act but must be laid before legislature within 6 weeks of reassembly, else it ceases to operate.

   • Intended as an emergency provision, not an alternative to law-making.

Legality of Re-Promulgation of Ordinances

1. Constitutional Perspective: Ordinance-making is meant for emergencies, not for bypassing legislature. Re-promulgation undermines legislative supremacy and separation of powers.

2. Judicial Pronouncements:

• D.C. Wadhwa v. State of Bihar (1987) – SC held continuous re-promulgation of ordinances for 14 years in Bihar as a fraud on the Constitution.

• Krishna Kumar Singh v. State of Bihar (2017, 7-judge bench) – SC ruled that ordinances lapse automatically if not placed before the legislature. Re-promulgation without legislative scrutiny is unconstitutional.

• Ordinance must also state the necessity for its promulgation; otherwise, it violates democratic principles.

3. Recent Issues: Several state governments (Kerala, Bihar) have been accused of ordinance overuse, while Governors have been accused of delaying assent, leading to executive-legislative confrontations.

Way Forward

1. Implement Sarkaria Commission (1988) Recommendations:

   • Governor should act strictly on aid and advice in legislative matters.

   • Ordinance power should be used only in genuine emergencies.

2. Punchhi Commission (2010):

   • Clearly define Governor’s discretion to reduce friction between state executives and legislatures.

   • Ordinances must carry detailed justification for urgency.

3. Judicial Oversight and Transparency: SC guidelines in Krishna Kumar Singh (2017) should be codified into law to prevent misuse.

4. Strengthening Legislative Functioning: States should meet for minimum 60 days annually (like Parliament’s 3 sessions norm) to reduce ordinance dependency.

5. Independent Review Mechanism: A Constitutional Council (as suggested in some academic circles) could scrutinize ordinance promulgation and recommend periodic reviews.

The Governor’s legislative role is largely ceremonial but constitutionally significant in ensuring legislative functioning. However, unchecked use of ordinance power, especially re-promulgation, dilutes legislative primacy and violates the spirit of parliamentary democracy.