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
promulgated by the Governor of Bihar under el. (1) of Article 213 of the Constitution, and a fresh detention order was made under this Ordinance ... provided always that the conditions required by Article 218 existed for the promulgation oE the Ordinance. Article 213 does not require that the conditions which
rule-making power. This Ordinance, as provided under Article 213(2)(a) of the Constitution of India, ceased to operate with effect from the 12th ... limits for expiry of the respective earlier Ordinances as provided under Article 213(2)(a) of the Constitution. Each of the aforesaid Ordinances provided
Ordinance as referred to above lost its force in view of Article 213(2)(a) of the Constitution of India on 1.5.1992. In this view ... learned Counsel firstly submitted that the said ordinance is ultra vires Article 213(1) of the Constitution of India inasmuch as, 'instruction' from
Unfair, unjust, unreasonable and violative of Article 14 of the Constitution. It is also violative of Article 14 for the reason that it violates ... beyond the ambit and scope of the Ordinance making power under Article 213 of the Constitution and mala fide and ultra vires the Constitution
State of Bihar to go on ruling the State by Ordinances. Article 213 of the Constitution does not permit this and the promulgation of Ordinances ... Legislature within the limits as provided by Article 213 , it is not for the Court to declare such an Ordinance ultra vires on this score
colourable exercise of the Ordinancemaking powers given to him under Article 213 of the Constitution and no circumstances existed which justified the Governor in promulgating ... President for promulgating the Ordinances.
Article 304 reads as follows:
Notwithstanding anything in Article 301 or Article 303 , the Legislature of a State
April, 2006 in terms of the provisions contained in Article 213 of the Constitution, the ordinance died in course of its natural death and accordingly ... ordinance cannot be said to have died their natural death for Article 213 does not say so. In any event, Article 213 does
therefore, in exercise of the powers conferred by clause I of Article 213 of the Constitution of India, that the Governor promulgates the following Ordinance ... thereof was further in contravention of the provisions contained in Article 213 read with Article 254 of the Constitution of India. Learned counsel has further
March 26, 1971, in exercise of his powers under Article 213 of the Constitution. Thereafter, though Bihar Legislature had met several times, one feels unhappy ... Bihar Legislature repeated exercise of power of promulgation of Ordinance under Article 213 of the Constitution is mala fide in law; and (2) that
