ISSUE:
Whether the Governor can mechanically re-promulgate the ordinance for an indefinite period of time, and thus take over the power (from the legislature) to legislate through the powers conferred on him under Article 213 of the Constitution of India?
Whether the petitioners have a legal standing to challenge the validity of the re-promulgation of the ordinances?
RULE:
Article 213 of the Constitution of India states that “In the event of a lapse in legislative action, the governor retains the authority to issue executive orders.”
The Governor of a State may publish such Ordinance as the circumstances seem to necessitate at any time, except during the session of the Legislative Assembly of a State or, if there is a Legislative Council in a State, except during the session of both Houses of the Legislature to an extent that:
(a) The introduction of a Bill with identical provisions into the Legislature would have required the prior sanction of the President under this Constitution, or
(b) The Governor would have deemed it necessary to reserve a Bill with identical provisions for the consideration of the President, the Governor shall not, without instructions from the President, promulgate any such Ordinance.