Home The Constitution Part VI Article 213

Art. 213 Part VI: The States

Power of Governor to Promulgate Ordinances During Recess of Legislature

Exact text — Constitution of India

(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature or would have been required to be reserved for the consideration of the President...

In Plain English

What this Article actually means

The state-level mirror of Article 123 — the same Ordinance-making power when the State Legislature isn't in session, with the same 6-week lapse rule after reassembly. Notably, the proviso adds an important check: if the underlying Bill would have needed the President's prior sanction or reservation, the Governor similarly needs the President's specific INSTRUCTIONS before issuing an Ordinance on that same subject.

Why This Matters To You

How it shows up in everyday life

This is why a Governor's Ordinance power, while structurally parallel to the President's, has an additional Union-oversight layer for matters that would otherwise have required Presidential involvement in the ordinary Bill process — reflecting the generally greater degree of Union oversight over state legislative action.

Landmark Cases

How courts have interpreted this Article

D.C. Wadhwa v. State of BiharAIR 1987 SC 579 — This landmark ruling against repeated Ordinance re-promulgation without genuine legislative approval specifically arose from a Bihar case, directly interpreting this Article's Governor-level Ordinance power. Verify this case

Read alongside this one

Art. 123 — Power of President to Promulgate Ordinances During Recess of Parliament

Frequently Asked

Quick answers about Article 213

Can a Governor issue an Ordinance on any subject without any Presidential involvement?

For most subjects, yes, using their own independent judgment (subject to Article 163's advice framework) — but for the specific categories requiring Presidential sanction or reservation for an ordinary Bill, the Governor similarly needs Presidential instructions before proceeding via Ordinance.

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The text above reproduces Article 213 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.