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The Constitution, Made Understandable.

Article 213

Power of Governor to Promulgate Ordinances

Official heading: “Power of Governor to promulgate Ordinances during recess of Legislature.”

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The Constitution of India (as on 1 May 2026)
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Part VI, Article 213, printed pages 97–99
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1. In One Sentence

Article 213 empowers the Governor to promulgate Ordinances during the recess of the State Legislature when immediate action is necessary, subject to strict six-week legislative review and anti-repromulgation limits.

2. What It Means in Everyday Language

Article 213 grants the Governor extraordinary legislative power to promulgate Ordinances when both Houses (or the House in a unicameral State) of the State Legislature are not in session, mirroring presidential ordinance powers under Article 123.

Pre-Conditions for Promulgation: The Governor must be satisfied that circumstances exist which render it necessary to take immediate action. In specified matters (such as bills requiring previous presidential sanction or matters that must be reserved for the President), the Governor cannot promulgate an Ordinance without instructions from the President.

Six-Week Lifespan & Legislative Review: Every Ordinance has the same force and effect as an Act of the State Legislature. However, it MUST be laid before the Legislative Assembly (and Council) upon reassembly, and automatically ceases to operate at the expiration of six weeks from reassembly, or earlier if disapproved by resolution.

Landmark Anti-Repromulgation Rulings: In D.C. Wadhwa v. State of Bihar (1987) and the 7-judge Constitution Bench ruling in Krishna Kumar Singh v. State of Bihar (2017), the Supreme Court ruled that the repeated repromulgation of ordinances without tabling them before the legislature is a subversion of the democratic process and a fraud on the Constitution. Ordinances do not create enduring rights if allowed to lapse without legislative approval.

3. Practical Illustrative Example

Everyday Scenario:

The State government issues an urgent Ordinance in May during legislative recess to regulate a sudden public health crisis.

Core takeaway: Under Article 213, the Ordinance has full legal force immediately, but must be tabled before the Assembly when it reconvenes in July, lapsing after six weeks unless formally enacted as an Act.
Illustrative Notice: Under Krishna Kumar Singh (2017), the government cannot repeatedly repromulgate the same ordinance to bypass legislative debate.

4. Important Limits, Qualifications & Exceptions

Article 213 provides emergency interim law-making power balanced by democratic legislative review.

  • Recess requirement: Can only be promulgated when the Legislature is not in session.
  • Executive satisfaction subject to judicial review for mala fides and colorable exercise of power.
  • Six-week mandatory expiration from the date of legislative reassembly.
  • Krishna Kumar Singh (2017) doctrine: Repromulgation without placing before the House is unconstitutional and void ab initio.

5. Operative Constitutional Text

(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if— (a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or (b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or (c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance— (a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and (b) may be withdrawn at any time by the Governor. Explanation.—Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him. 1(4) State.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 213, printed pages 97–99 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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