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State of Jammu-Kashmir - Section

Section 91 in The Constitution of Jammu and Kashmir

91. Power of [Governor] [Substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] to promulgate Ordinances during recess of Legislature.

(1)If at any time, except when both Houses of the Legislature are in session, the [Governor] [Substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require :Provided that the power of making an Ordinance under this section shall extend only to those matters with respect to which the Legislature has power to make laws.
(2)An Ordinance promulgated under this section shall have the same force and effect as an Act of the Legislature assented to by the [Governor] [Substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] but every such Ordinance -
(a)shall be laid before both the Houses of the Legislature, and shall cease to operate at the expiration of six weeks from the re-assembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, upon the resolution being agreed to by the Legislative Council, and
(b)may be withdrawn at any time by the [Governor] [Substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.].
(3)[ Notwithstanding anything in this Constitution, the satisfaction of the 2Governor mentioned in sub-section (1) shall be final and conclusive and shall not be questioned in any Court on any ground] [Inserted by the Constitution of Jammu and Kashmir (Fifteenth. Amendment) Act, 1976.].Explanation. - Where the Houses of the Legislature are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the latter of those dates for the purposes of this subsection.Breakdown of Constitutional Machinery