2023 · Q76
Which of the following statements regarding the Ordinance-making power of the Governor is/are not correct?
- 1It is a discretionary power and does not entail the advice of the Ministers.
- 2The Ordinance-making power of the Governor is confined to subjects in all the three Lists of Schedule VII.
- 3With regard to repugnancy with a Union Law relating to the concurrent subjects, the Governor's Ordinance will prevail not with- standing repugnancy, if the Ordinance had been made in pursuance of instructions' of the President of India..
Select the correct answer using the code given below.
Indian Polity, Governance and ConstitutionUnion and State government
- A1 and 2 only
- B1, 2 and 3
- C2 and 3 only
- D3 only
Explanation
The Governor's ordinance power under Article 213 is exercised on the aid and advice of the Council of Ministers, not as a discretionary power, so statement 1 is not correct. It extends only to State and Concurrent List matters, not to all three lists, so statement 2 is not correct. Statement 3 correctly states the Article 213 proviso on repugnancy where the ordinance follows the President's instructions. Hence 1 and 2 only, option A.