GS-2 #POLITY
Legislative powers by the Governor.
The legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.
The Governor is a part of the state executive in India and the constitution of India has given her/him various legislative powers under part VI of the constitution.
There are different essential conditions under which the Governor uses its legislative powers:
Every new year the first session of the state legislature is addressed by the Governor.
If the office of the speaker or the deputy speaker (chairman or deputy chairman in case of the legislative council) is vacant to preside the state legislative assembly (SLA), then Governor can appoint any member from the SLA to preside for the meeting.
Governor can reserve any bill of the state legislature (except the money bill) for reconsideration by the president.
In the condition of the disqualification of the member of the state legislature, Governor can decide its legality after consultation with the Election Commission.
The most important legislative power the Governor perform is that he can make ordinances when the state legislature is not in session.
Under Article 213 of the constitution, the Governor can issue ordinances when the state legislature is not in session and he can re-promulgate the ordinance thrice.
DC Wadhwa Case 1987: The Supreme court held that the legislative power of the executive to promulgate ordinances is to be used in exceptional circumstances and not as a substitute for the law-making power of the legislature.
Krishna Kumar Singh Case 2017: Supreme court stated that the re-promulgation of ordinances is a fraud on the Constitution and a subversion of democratic legislative processes.
Indian Constitution has provided for the separation of powers among the legislature, executive, and judiciary where enacting laws is the function of the legislature.
Hence, if certain circumstances arise, then the Governor can re-promulgate the ordinances after giving answers to some questions of the legislature like about their urgency and absolute needs.
Legislative powers by the Governor.
The legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.
The Governor is a part of the state executive in India and the constitution of India has given her/him various legislative powers under part VI of the constitution.
There are different essential conditions under which the Governor uses its legislative powers:
Every new year the first session of the state legislature is addressed by the Governor.
If the office of the speaker or the deputy speaker (chairman or deputy chairman in case of the legislative council) is vacant to preside the state legislative assembly (SLA), then Governor can appoint any member from the SLA to preside for the meeting.
Governor can reserve any bill of the state legislature (except the money bill) for reconsideration by the president.
In the condition of the disqualification of the member of the state legislature, Governor can decide its legality after consultation with the Election Commission.
The most important legislative power the Governor perform is that he can make ordinances when the state legislature is not in session.
Under Article 213 of the constitution, the Governor can issue ordinances when the state legislature is not in session and he can re-promulgate the ordinance thrice.
DC Wadhwa Case 1987: The Supreme court held that the legislative power of the executive to promulgate ordinances is to be used in exceptional circumstances and not as a substitute for the law-making power of the legislature.
Krishna Kumar Singh Case 2017: Supreme court stated that the re-promulgation of ordinances is a fraud on the Constitution and a subversion of democratic legislative processes.
Indian Constitution has provided for the separation of powers among the legislature, executive, and judiciary where enacting laws is the function of the legislature.
Hence, if certain circumstances arise, then the Governor can re-promulgate the ordinances after giving answers to some questions of the legislature like about their urgency and absolute needs.
https://youtube.com/shorts/LHsFQ3yIVDs?si=X1kMzCNm2hnNAh2D
📚✨ From Classroom to UPSC! ✨📚
Heartiest congratulations to our Classroom student Foundation batch Mr. Rajdeep Ghosh for cracking the UPSC Civil Services Examination with an impressive AIR 789
📚✨ From Classroom to UPSC! ✨📚
Heartiest congratulations to our Classroom student Foundation batch Mr. Rajdeep Ghosh for cracking the UPSC Civil Services Examination with an impressive AIR 789
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Rajdeep Ghosh, AIR 789 , UPSC CSE 2024 | IAS Topper from West Bengal | APTI PLUS , Kolkata
#UPSCNews #CompetitiveExams #IASAspirants #UPSCRevision #UPSCNotes ...
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📰 News Explained: Why ‘Socialist’ and ‘Secular’ Were Added to the Preamble
At an event commemorating 50 years of the Emergency, RSS leader Dattatreya Hosabale questioned the inclusion of the words “socialist” and “secular” in the Preamble of the Constitution. He noted that these were added during the Emergency in 1976 and called for a national discussion on their relevance.
🔍 Why were these words added?
They were introduced through the 42nd Amendment Act, 1976 under Indira Gandhi’s regime, to reflect the state’s commitment to social justice and religious neutrality.
⚖️ Supreme Court Verdict (2024):
The SC upheld the inclusion, stating that:
Secularism in India means equal respect for all religions, not opposition to religion.
Socialism implies social and economic justice, not strict state control over the economy.
📜 These principles, while formally added in 1976, were always part of the Constitution’s ethos through Articles 25-28 and the overall spirit of justice, liberty, equality, and fraternity.
🧠 Dr. Ambedkar had earlier argued that such socio-economic visions must evolve with time and should not be rigidly imposed through constitutional text.
#Constitution #Preamble #Secularism #Socialism #Emergency #SupremeCourt #IndianPolitics #UPSC #Polity
At an event commemorating 50 years of the Emergency, RSS leader Dattatreya Hosabale questioned the inclusion of the words “socialist” and “secular” in the Preamble of the Constitution. He noted that these were added during the Emergency in 1976 and called for a national discussion on their relevance.
🔍 Why were these words added?
They were introduced through the 42nd Amendment Act, 1976 under Indira Gandhi’s regime, to reflect the state’s commitment to social justice and religious neutrality.
⚖️ Supreme Court Verdict (2024):
The SC upheld the inclusion, stating that:
Secularism in India means equal respect for all religions, not opposition to religion.
Socialism implies social and economic justice, not strict state control over the economy.
📜 These principles, while formally added in 1976, were always part of the Constitution’s ethos through Articles 25-28 and the overall spirit of justice, liberty, equality, and fraternity.
🧠 Dr. Ambedkar had earlier argued that such socio-economic visions must evolve with time and should not be rigidly imposed through constitutional text.
#Constitution #Preamble #Secularism #Socialism #Emergency #SupremeCourt #IndianPolitics #UPSC #Polity
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Whether you're planning to choose Polity Optional or already preparing for it, this session will help you with:
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🌍 Polity Optional Workshop with Dr. Vivek Kaushik Sir is LIVE!
Whether you're planning to choose Polity Optional or already preparing for it, this session will help you with:
✅ Optional Selection Strategy
✅ Smart Preparation Plan
✅ Answer Writing Approach
✅ Expert Tips to Maximize Your Score
🎥 Join the LIVE session now before it ends!
🔗 Watch Here: https://www.youtube.com/live/1McEhArpSYk?si=Rs4l-iNOvl6V87D2
#UPSC #UPSCCSE #UPSC2027 #PolityOptional #Polity #YouTubeLive #LiveNow #UPSCPreparation #IASPreparation #CivilServices #OptionalStrategy #PolityMentorship #AptiPlus #ThinkUPSCThinkAPTIPlus
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