Introduction:
The Governor of a state in India is vested with certain legislative powers as per the provisions of the Constitution of India. However, these powers are subject to certain conditions and limitations. In this context, it is important to understand the essential conditions for the exercise of legislative powers by the Governor and the legality of re-promulgation of ordinances by the Governor without placing them before the legislature.
Conditions for exercise of legislative powers:
Consent of the Council of Ministers: The Governor can only exercise legislative powers with the aid and advice of the Council of Ministers of the state as per Article 163 of the Constitution. This means that the Governor cannot take any legislative action without the consent of the Council of Ministers.
Emergency situations: In case of a breakdown of the constitutional machinery in the state, the Governor can exercise legislative powers under Article 356 of the Constitution. This is known as President's Rule and it allows the Governor to take legislative action without the consent of the Council of Ministers.
Ordinances: The Governor can also exercise legislative powers by issuing ordinances when the legislature is not in session as per Article 213 of the Constitution. However, the ordinance must be placed before the legislature for its approval as soon as it reassembles.
Legality of re-promulgation of ordinances:
The Supreme Court of India in the case of "L. Chandra Kumar v. Union of India" (1997) held that re-promulgation of ordinances without placing them before the legislature is violative of the Constitution as it is ultra vires of Article 213(2) of the Constitution. The court held that re-promulgation is a fraud on the Constitution and a subversion of the democratic legislative process. The court also held that re-promulgation amounts to a “colourable exercise of power” and is violative of the principle of separation of powers as per Article 74(1) of the Constitution.
Example: In the case of S.R. Bommai v. Union of India (1994), the Supreme Court held that the President's rule imposed in the state of KarnATAKA was unconstitutional as it was not based on the report of the Governor as per Article 356(1) of the Constitution, but on the subjective satisfaction of the Union Government.
Conclusion:
In conclusion, the Governor of a state in India can exercise legislative powers under certain conditions such as with the aid and advice of the Council of Ministers as per Article 163 of the Constitution, in emergency situations as per Article 356 of the Constitution and by issuing ordinances as per Article 213 of the Constitution. However, the legality of re-promulgation of ordinances by the Governor without placing them before the legislature has been held as violative of the Constitution by the Supreme Court as per Article 213(2) of the Constitution. It is important for the Governor to exercise these powers within the limits set by the Constitution and the laws of the land as per Article 74(1) of the Constitution to ensure a balance of power and protection of democratic principles.
