Q9.Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

The Governor's ordinance-making power, under Article 213, enables legislative action when the State Legislature is not in session. This extraordinary power is for immediate necessity, not routine legislation.

• State Legislature (or either House) not in session.
• Governor's satisfaction of immediate necessity, based on Council of Ministers' advice.
• Ordinances have the same force as an Act of the Legislature.
• They are temporary and must be laid before the Legislature when it reassembles, ceasing to operate if not approved within six weeks.

Repeated re-promulgation of ordinances without legislative consideration poses significant constitutional questions regarding its legality and democratic implications.

• D.C. Wadhwa v. State of Bihar (1987): The Supreme Court termed re-promulgation a "fraud on the Constitution" and an abuse of power.
• Krishna Kumar Singh v. State of Bihar (2017): A seven-judge bench declared re-promulgation unconstitutional. It affirmed the ordinance power is an emergency provision, not a substitute for regular legislation, requiring mandatory legislative approval.

Re-promulgation undermines legislative supremacy, circumvents democratic debate and scrutiny, and violates the separation of powers. It converts an emergency tool into a parallel law-making mechanism, eroding accountability.

Upholding constitutional propriety and legislative supremacy demands judicious exercise of the Governor's ordinance power, strictly adhering to its emergency nature and ensuring timely legislative review.