promulgating the Ordinance by virtue of the provisions contained in Article 213 of the Constitution, the power exercised by the Governor is the same ... President while promulgating an Ordinance under Article 123 or the satisfaction of the Governor under Article 213 of the Constitution is open to scrutiny
that
there is an abuse of power, insofar as invocation of
Article 213 , actuated by extraneous reasons and there can
be inferred a constitutional fraud ... Article 309 of the
W.A.791 of 2019 & - 40 -
connected cases
Constitution of India; the two prerequisites for invocation
of Article 213
under the Ordinance is also not sustainable. Relying on Article 213(2)(a) of the Constitution, the petitioners have contended that Ordinance ... Ordinance No. 4 of 2002 are sustainable and how does Article 213(2)(a) apply as far as the first Ordinance is concerned. The petitioners
Legislature. A similar requirement is contained in Article 123(2)(a).
Neither Article 123 nor Article 213 specifically provide for when an
Ordinance should ... Articles 13 , 245 , 255 and 276 ); "cease to have effect" ( Articles
358 and 372 ); and "cease to operate" ( Articles 123 , 213
Ordinance as a legislative exercise by the Governor under Article 213 of the Constitution is law. This law has provided for the constitution ... Ordinance is a fraud on the powers conferred under Article 213. He relied on the decision in Tamizuddin Ahmad v. Province of East Bengal
weeks from the reassembly of
the legislature, as provided for under Article 213(2) of the
Constitution. The case of the respondents, on the other ... revived on the expiration of the period
specified in Article 213(2) of the Constitution. An identical issue
arose for consideration before the Apex Court
Kerala in exercise of the powers
conferred under Clause (1) of Article 213 of the Constitution of India. By the Ordinance,
management of Sree Narayana ... Governor of Kerala in exercise of powers under Clause (1) of Article 213 of the Constitution of India promulgated Sivagiri Mutt (Emergency Provisions) Ordinance
beyond the power conferred on it by the Kerala Legislature.
18. Article 213 of the Constitution deals with the power of Governor to promulgate Ordinances ... during recess of Legislature. The proviso to Clause (1) of Article 213 specifically lays down that the Government shall not, without instructions from the President
that reason also, be void and of no effect.
3. Article 213 of the Constitution provides for the power of the Governor to promulgate Ordinances ... Article 13 as specifi-cally including an Ordinance is limited for the purpose of that Article. But we have Article 366 where the term "existing
Ordinances and the Act conform to the Constitutional mandate?
15. Article 213 empowers the Governor to issue an Ordinance. It is a legislative power. However ... whole action is illegal.
34. The contention cannot be accepted Article 213 empowers the Governor to promulgate an Ordinance. It is a legislative measure
