Article 213 of the Constitution of India

Assembly of a State is in session, or where there is a Legislative Council in a State, except when both HousesRestriction on discussion in theLegislature. Courts not to inquire intoproceedings of theLegislature. 1Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971). 2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Legislature of the State of Himachal Pradesh” (w.e.f. 21-1-1972). 3Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 4Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for “Legislature of the State of Mizoram” (w.e.f. 20-2-1987). 5Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “Arunachal Pradesh and Mizoram” (w.e.f. 30-5-1987).Power of Governor topromulgateOrdinances duringrecess ofLegislature.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 210—213.)105 of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary forhim to take immediate action, he may promulgatesuch Ordinances as the circumstances appear to him torequire: Provided that the Governor shall not, without instructions from the President, promulgate any suchOrdinance if— (a) a Bill containing the same provisions would under this Constitution have required the previoussanction of the President for the introduction thereofinto the Legislature; or (b) he would have deemed it necessary to reserve a Bill containing the same provisions for theconsideration of the President; or (c) an Act of the Legislature of the State containing the same provisions would under this Constitutionhave been invalid unless, having been reserved forthe consideration of the President, it had receivedthe assent of the President. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislatureof the State assented to by the Governor, but every suchOrdinance— (a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Councilin the State, before both the Houses, and shall ceaseto operate at the expiration of six weeks from thereassembly of the Legislature, or if before theexpiration of that period a resolution disapproving itis passed by the Legislative Assembly and agreed toby the Legislative Council, if any, upon the passingof the resolution or, as the case may be, on theresolution being agreed to by the Council; and (b) may be withdrawn at any time by the Governor. Explanation. —Where the Houses of the LegislatureTHE CONSTITUTION OF INDIA (Part VI. —The States. —Art. 213.)106 of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeksshall be reckoned from the later of those dates for thepurposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enactedin an Act of the Legislature of the State assented to bythe Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of theLegislature of a State which is repugnant to an Act ofParliament or an existing law with respect to a matterenumerated in the Concurrent List, an Ordinancepromulgated under this article in pursuance ofinstructions from the President shall be deemed to be anAct of the Legislature of the State which has beenreserved for the consideration of the President andassented to by him. 1* * * * *