ISSUE:
Whether Article 213 of the Constitution of India confers a mandatory obligation upon the Executive to table an Ordinance before the Legislature?
Whether a re-promulgation of the Ordinance is permissible under the Constitution of India?
Whether an act through an Ordinance remains valid even after the Ordinance ceases to operate?
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 has the power to promulgate Ordinances when the State Legislature is not in session and these Ordinances must be approved by the State Legislature within 6 weeks of its reassembly.