Article 213 Indian Constitution - Governor's Power to promulgate Ordinance

 Governor can promulgate an ordinance only when

  • State legislation is not in session, and
  • he is satisfied that circumstances exist where he has to take necessary immediate action.
However, there is no established practice which required the governor to state the circumstanced required for the promulgation of ordinance.

It can be misused by political parties to play the blame game.

Therefore it would be better to have a convention wherein preamble to any ordinance should state the immediacy for promulgating it when the Legislature is not in session. This would greatly enhance transparency in legislation, but, more importantly, enable legislators to understand why they are, in a sense, by-passed and why a debate and discussion in the Legislature could not be awaited.

Positive step of providing 4 page justification for immediate action in case of  "Commission of Air Quality Management Ordinance"

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