Discuss the conditions for the exercise of the legislative powers by the Governor. Discuss the legality of re- promulgation of ordinances by the Governor without placing them before the Legislature. (250 words) [2022]

The Governor of a state in India has the power to exercise legislative powers in certain circumstances, as provided in the Constitution of India. The essential conditions for the exercise of these powers are as follows:

  1. Absence of a Legislative Assembly: The Governor may exercise legislative powers in the event that the Legislative Assembly of the state is not in session.
  2. Emergency situations: The Governor may exercise legislative powers in cases of emergency, such as war, external aggression, or internal disturbance.
  3. Recommendation of the President: The Governor may exercise legislative powers only with the prior recommendation of the President of India.
  4. Ordinances: The Governor may promulgate ordinances on subjects within the legislative competence of the state legislature. These ordinances have the same force and effect as laws enacted by the state legislature.
  5. Re-promulgation of ordinances: The Governor may re-promulgate an ordinance if it is necessary to do so in the public interest. However, the re-promulgation of an ordinance more than twice without placing it before the legislature for approval may be challenged as unconstitutional.

In summary, the Governor of a state in India may exercise legislative powers in the absence of a Legislative Assembly, in emergency situations, and with the recommendation of the President. The Governor may promulgate ordinances on subjects within the legislative competence of the state legislature, but the re-promulgation of an ordinance more than twice without placing it before the legislature may be challenged as unconstitutional.

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