Ordinance Making Powers of Governor

The ordinance-making power of the governor under Article 213 is similar to that of the president under Article 123. The governor can issue ordinance only when two conditions are fulfilled ; (a) the governor can only issue  ordinances when the legislative assembly of a state both houses in  session or where there are two houses in a state both  houses  are not  in session. (b) the governor must be satisfied that circumstance exist which render it necessary for him to take immediate  action. The court cannot question the validity or the ordinance on the ground   that there was no necessity or sufficient ground for issuing the ordinance by the governor. The existence of such necessity is not a justiciable discretionary. The exercise of ordinance-making power is not discretionary. The governor exercises this power on the advice of the cabinet.


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