concurring opinion, preferred to leave the ‘question of interpretation of Articles 123 (2) and 213(2) in so far as the obligation of the Government ... gratification of the President of India, under Article 123, and the Governor, under Article 213, when issuing an Ordinance is not excluded from judicial process
Article 213 in Constitution of India
213. Power of Governor to promulgate Ordinances during recess of Legislature
(1) If at any time, except when ... gratification of the President of India, under Article 123, and the Governor, under Article 213, when issuing an Ordinance is not excluded from judicial process
operation, considers such extension to be necessary.". 54. Amendment of article 366.-
In article 366 of the Constitution,- (a) after clause (4), the following clause ... Ordinance promulgated by the Governor of a State under article 213 or by the administrator of a Union territory under article 239B; (c) any provision
article for article 103. 15. Amendment of article 105. 16. Amendment of article 123. 17. Amendment of article 132. 18. Amendment of article ... article 166. 24. Amendment of article 172. 25. Substitution of new article for article 192. 26. Amendment of article 194. 27. Amendment of article 213
months) are found in Article 249 and Article 250 of
the Constitution notwithstanding that a Resolution passed under Article 249
of the Constitution has ceased ... issued under Article 356 of the
Constitution has ceased to operate (in the case of Article 250 of the
Constitution).
56. Although Article
Pepsu Act, and shall include - (a) an Ordinance promulgated under article 213 read with article 238 of the Constitution; and (b) also any provision contained ... Unless the contrary intention is expressed, an Ordinance promulgated under article 213, read with article 238 of the Constitution shall come into force
considered in these petitions because they
are common to both Article 123 and Article 213 of the
Constitution,
At the outset the learned counsel ... power on the
Executive subject to certain conditions by enacting Article
123 and Article 213 of the Constitution. It has also
associated the President
Governor of Karnataka, in exercise of the power conferred under Article 213(1) of the Constitution of India, promulgated Bangalore Development Authority (Amendment) (Repealing) Ordinance ... Karnataka, in exercise of power conferred by clause (1) of Article 213 of the Constitution of India, promulgated Bangalore Development Authority (Amendment) (Repealing) Ordinance
respect of matters
as set out in Article 246 read with the Seventh Schedule.
Article 213 , however, makes a departure from this
scheme and gives ... stated therein. Article
358 which deals with suspension of provisions of Article 19
during emergency, Article 359(1A) , Article 360 and Article
369 also contain
Section 88 thereof vested the same in the Governor. Article 123 and Article 213 , respectively, of our constitution, are in the relevant parts in pari ... determination by the courts. An ordinance passed either under Article 123 or under Article 213 of the Constitution stands on the same footing. When
