Who can promulgate ordinances when the State Legislative Assembly of a state…

2025

Who can promulgate ordinances when the State Legislative Assembly of a state is not in session ?

  1. A.

    President

  2. B.

    Speaker

  3. C.

    Governor

  4. D.

    Chief Minister

Attempted by 7 students.

Show answer & explanation

Correct answer: C

Concept: Article 213 of the Constitution of India empowers the Governor of a State to promulgate an ordinance when the State Legislature is not in session — that is, when the Legislative Assembly is not in session or, in a bicameral state, when either House is not in session — provided the Governor is satisfied that circumstances exist which make immediate action necessary. Such an ordinance has the same force and effect as an Act of the State Legislature, must be laid before the Legislature on reassembly, and automatically ceases to operate six weeks after reassembly unless it is withdrawn earlier by the Governor or disapproved earlier by a resolution of the Legislature.

Application: The question describes exactly this situation — the State Legislative Assembly is not in session and an authority needs to promulgate an ordinance. Under Article 213, that authority is the Governor of the state.

Cross-check / contrast with the other options:

  • President — holds the parallel ordinance-making power under Article 123, but that power applies to laws within Parliament's domain when Parliament (the Union Legislature), not a state legislature, is not in session.

  • Speaker — presides over the sittings of the Legislative Assembly and rules on procedural and disciplinary matters; the Constitution does not assign this office any ordinance-making authority.

  • Chief Minister — heads the state Council of Ministers and advises the Governor on the exercise of executive functions, but constitutionally does not personally hold the power to promulgate an ordinance.

Result: Since Article 213 vests state-level ordinance-making power specifically in the Governor, "Governor" is the correct answer.

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