Answer: 

Introduction:

The Governor, as the constitutional head of a state in India, has specific legislative powers and responsibilities. These powers allow the Governor to address pressing issues when the State Legislature is not in session and maintain the functioning of the state government.

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Body:

Essential conditions for exercise of legislative powers by the Governor:

• Ordinance-making power:
  • Under Article 213 of the Constitution, the Governor has the power to promulgate ordinances when the State Legislature is not in session, and immediate action is required.
  • However, such ordinances must be placed before the State Legislature when it reconvenes, and they cease to operate after six weeks from the date of reassembly unless approved by the Legislature.
• Discretionary powers:
  • The Governor has discretionary powers in certain circumstances, such as when no party has a clear majority in the State Legislature, or when a constitutional crisis arises.
  • In such cases, the Governor can use their discretion to decide on the course of action, ensuring the stability and smooth functioning of the state government.

Legality of re-promulgation of ordinances without placing them before the Legislature:

• The re-promulgation of ordinances without placing them before the Legislature goes against the spirit of the Constitution, which emphasizes the importance of legislative oversight and democratic governance.
• In the case of D.C. Wadhwa v. State of Bihar (1987), the Supreme Court held that the re-promulgation of ordinances without placing them before the State Legislature is unconstitutional. The Court observed that the ordinance-making power is a temporary measure and should not be used as a substitute for the law-making power of the State Legislature. Re-promulgation of ordinances without legislative approval is a violation of the constitutional scheme and amounts to a subversion of the democratic process.
• The 2017 judgment in Krishna Kumar Singh v. State of Bihar reiterated the Wadhwa decision, emphasizing that re-promulgation of ordinances without legislative approval is a “fraud on the Constitution.” The Court held that the Governor’s ordinance-making power should be used sparingly and only as a last resort to address urgent matters when the Legislature is not in session.

Conclusion:

Upholding the balance between the Governor’s powers and the need for legislative scrutiny is essential to preserving the spirit of the Constitution and maintaining the democratic fabric of India.

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