THE PLAIN-LANGUAGE GUIDE
What does this mean?
When the required legislative-recess conditions and immediate need exist, a Governor can issue an Ordinance, with presidential instructions required in specified cases. The Ordinance must face the legislature and expires under the stated timetable unless appropriately dealt with.
State Governors, ministers, legislatures, High Courts and the subordinate judiciary.
Why is this provision here?
State-level urgency between legislative sittings has a temporary lawmaking route with conditions, presidential-instruction cases and later legislative scrutiny.
Historical evidenceThis Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason. The later amendment records linked below document changes affecting this Article; their Bill statements explain those proposals, not necessarily every original clause or the complete present legal outcome.
The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.
Limits, exceptions & reading carefully
Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.
Read the official constitutional text
213. Power of Governor to promulgate Ordinances during recess of
Legislature.—(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.
(4)*
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Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.
