QUESTION 12
GS2
15 marks
Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature.
WRITE IN
11 min
250 words
What the examiner wants
Set out the conditions for the Governor's ordinance power and explain why re-promulgation without placing ordinances before the legislature is unconstitutional.
DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.
Demand-wise check
- 1Article 213 conditions: legislature not in session, Governor satisfied immediate action is needed, aid and advice of ministers, limits on subject and presidential instructions≈65 words
- 2Life of an ordinance: lapses six weeks after reassembly≈65 words
- 3Re-promulgation: Krishna Kumar Singh (2017) held it a fraud on the Constitution≈65 words
Open in about 30 words and close in about 30.
Answer plan
Article 213ConditionsDurationRe-promulgation and case lawConclusion
Where marks usually go
- Using Article 123 (President) without discussing the Governor's Article 213
- Not citing Krishna Kumar Singh or D.C. Wadhwa
Draw this
- Timeline: ordinance issued → legislature reassembles → six weeks → lapses
Value addition
- Case lawD.C. Wadhwa v. State of Bihar (1987): Bihar re-promulgated 256 ordinances, some for 14 years; the Court called it a fraud on the Constitution.Supreme Court of India, 1987
- Case lawKrishna Kumar Singh v. State of Bihar (2017): failure to place an ordinance before the legislature is an abuse of power; ordinances are subject to judicial review.Supreme Court of India, 2017
Mapped topper copies
Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.
- Nancy Singh · Page 16 ↗Reviewed PYQ reference
- Akash Kumar · AIR 101 · Page 17 ↗Same syllabus reference
- Shakti Dubey · AIR 1 · Page 3 ↗Same syllabus reference
Links open original public sources. MainsBuddy does not host these answer sheets.
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