Subject: Indian Polity

The Governor's legislative powers through ordinance-making represent a crucial constitutional mechanism for emergency governance, while requiring careful checks to prevent misuse of this extraordinary authority.

Essential Conditions for Governor's Legislative Powers

Constitutional Framework:

• The power to promulgate ordinances is derived from Article 213 of the Constitution.
• Ordinances can be issued only when the state legislature is not in session.
• Prior instructions from the President are required in certain cases involving central laws.

Procedural Requirements:

• The Governor must be satisfied about the immediate necessity for legislative action.
• The ordinance must be within the legislative competence of the state legislature.
• The ordinance cannot violate fundamental rights or constitutional provisions.

Legality of Re-promulgation of Ordinances

Supreme Court's Position:

• In the landmark case of Krishna Kumar Singh v. State of Bihar (2017), the Supreme Court declared repeated re-promulgation of ordinances without placing them before legislature as unconstitutional.
• The D.C. Wadhwa v. State of Bihar (1987) case established that such practice amounts to a "fraud on the Constitution".

Constitutional Safeguards:

• Ordinances must be placed before the legislature within six weeks of reassembly.
• The legislature has the power to approve, modify, or disapprove the ordinance.
• Re-promulgation without legislative consideration undermines the principle of separation of powers.

Current Scenario:

• Recent data shows a declining trend in ordinance promulgation with only one ordinance in 2023 and zero in 2024.
• This indicates growing adherence to constitutional principles and judicial pronouncements.

The practice of re-promulgating ordinances without legislative scrutiny has been consistently deemed unconstitutional, emphasizing the need for proper legislative oversight and democratic processes. The Supreme Court's interventions through landmark judgments like D.C. Wadhwa and Krishna Kumar Singh have strengthened constitutional democracy by preventing the executive from bypassing legislative scrutiny through repeated re-promulgation of ordinances.