Q. Discuss the essential conditions for exercise of the legislative powers by Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

Model Answer: 

Under Article 213, the Governor possesses exceptional legislative power to promulgate ordinances, acting as a contingent emergency mechanism rather than a parallel law-making process.

1. Essential Conditions for Governor’s Legislative Powers

1. Legislature not in session: Promulgation is constitutionally valid only when the Legislative Assembly (or both Houses) is prorogued.
2. Subjective satisfaction: The Governor must be genuinely satisfied that circumstances demand urgent, immediate action.
3. Aid and Advice: Power is exercised solely on the binding advice of the Council of Ministers (Article 163).
4. Co-extensive jurisdiction: The scope is strictly confined to subjects where the State Legislature holds law-making authority (State/Concurrent lists).
5. Prior Presidential sanction: Mandatory for ordinances containing provisions that would require the President’s assent in regular bills (e.g., interstate trade restrictions).
6. Mandatory temporal limits: The ordinance must be laid before the legislature and ceases to operate six weeks from its reassembly.

2. Legality of Re-promulgation without Legislative Scrutiny

1. Fraud on the Constitution: Repeated re-promulgation bypassing legislative debate subverts democratic accountability (D.C. Wadhwa Case, 1987).
2. Colorable exercise of power: Utilizing executive fiat to achieve what is not passed legislatively breaches constitutional trust.
3. Subject to Judicial Review: The Governor’s satisfaction and motive for re-promulgation are not immune from judicial scrutiny (Krishna Kumar Singh Case, 2017).
4. Mandatory tabling rule: Failure to place the ordinance before the legislature upon reassembly renders the re-promulgation legally void (Krishna Kumar Singh Case).

5. Breach of Separation of Powers: It usurps the primary law-making role of the elected legislature, threatening structural constitutional balance.
6. No permanent rights: Re-promulgated ordinances without legislative sanction do not automatically create irreversible rights or obligations once lapsed.

Ordinance-making is a restricted, emergent power. Strict adherence to judicial guidelines prevents executive overreach, ensuring the primacy of the legislature and upholding parliamentary democracy.