Answer:

♤ Just as the President of India is constitutionally mandated to issue Ordinances under Article 123, the Governor of a state can issue Ordinances under Article 213, when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session. The powers of the President and the Governor are broadly comparable with respect to Ordinance making with in the respective domains of power lists – Union, State and Concurrent. However, the Governor cannot issue an Ordinance without instructions from the President in three cases where the assent of the President would have been required to pass a similar Bill. Specifically –

o If a bill containing the same provisions which requires the previous sanction of the president.

o If the Governor would have deemed it necessary to reserve the bill for the previous consideration of the president.

o If an act contains same provisions which has been reserved for the consideration of the president.

♤ Ordinance making power is a legacy of British Raj in India. It was incorporated from the Government of India Act, 1935 (wherein the Governor General was granted similar powers). During the freedom movement, this power was vehemently opposed by the Congress. Nevertheless, this power was inserted in the Constitution.

♤ A vibrant democracy is not governed by ordinances. But there may be extraordinary circumstances requiring immediate legislative actions at a time when the parliament or state legislature may not be in session. However it must be considered an extraordinary power to be used in extraordinary circumstances. If used carefully and with democratic intent, use of ordinances need not be anti- democratic.