In India, the Governor is the constitutional head of a state and possesses legislative powers as outlined in the Constitution. The conditions for the exercise of legislative powers by the Governor include:
- Ordinance-Making Power: Under Article 213 of the Indian Constitution, the Governor has the power to promulgate ordinances when the state legislature is not in session, and when immediate action is required. These ordinances have the same force and effect as laws passed by the state legislature.
- Assent to Bills: The Governor has the authority to give assent to bills passed by the state legislature, withhold assent, or refer the bill to the President of India for consideration.
Regarding the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature:
- The Supreme Court of India, in the case of D.C. Wadhwa vs. State of Bihar (1987), held that the re-promulgation of ordinances without placing them before the state legislature is unconstitutional and amounts to a subversion of the democratic process. The court emphasized that the power to promulgate ordinances is an extraordinary power to be used only in exceptional circumstances and not as a substitute for the legislative process.
- The court further stated that the frequent re-promulgation of ordinances without placing them before the legislature is a violation of the constitutional scheme, as it bypasses the legislative scrutiny and undermines the role of the legislature as a check on the executive.
In conclusion, while the Governor of India possesses legislative powers, including the power to promulgate ordinances, the re-promulgation of ordinances without placing them before the state legislature is considered unconstitutional. The exercise of legislative powers by the Governor must adhere to the constitutional provisions and respect the democratic process, ensuring a balance between the executive and legislative branches of the state government.