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Consider the following statements with reference to Ordinance making power of Governor:
- Governor can issue ordinances only on those subjects which are in the State list.
- Governor cannot issue ordinance involving expenditure from the Consolidated Fund of State.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements with reference to Ordinance making p...
- Just as the President of India is constitutionally mandated to issue Ordinances under Article 123, the Governor of a state can issue Ordinances under Article 213, when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session.
- His ordinance-making power is co-extensive with the legislative power of the state legislature. This means that he can issue ordinances only on those subjects on which the state legislature can make laws. Therefore, the Governor can also promulgate Ordinance on subjects in the Concurrent List. Hence, statement 1 is not correct.
- However, the Governor cannot make an ordinance without the instructions from the President in three cases:
- If a bill containing the same provisions would have required the previous sanction of the President for its introduction into the state legislature.
- If he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the President.
- If an act of the state legislature containing the same provisions would have been invalid without receiving the President’s assent.
- During COVID 19 pandemic some states including Madhya Pradesh has taken the ordinance route to promulgate Madhya Pradesh Finance Ordinance, 2020 and the Madhya Pradesh Appropriation (Vote on Account) Ordinance, 2020 which involve expenditure from Consolidated Fund of State. Hence, statement 2 is not correct.
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Consider the following statements with reference to Ordinance making p...
Ordinance making power of Governor:
The Governor of a state in India has the power to issue ordinances under certain circumstances. An ordinance is a law that is promulgated by the Governor when the legislative assembly of the state is not in session. However, there are certain limitations and conditions attached to this power. Let us analyze the given statements:
Statement 1: Governor can issue ordinances only on those subjects which are in the State list.
This statement is incorrect. The Governor can issue ordinances on subjects that fall within the legislative competence of the state government, which includes subjects in both the State list and the Concurrent list. The State list consists of subjects on which only the state legislature can make laws, while the Concurrent list consists of subjects on which both the state and central legislatures can make laws. Therefore, the Governor can issue ordinances on subjects from both lists.
Statement 2: Governor cannot issue ordinance involving expenditure from the Consolidated Fund of State.
This statement is correct. The Governor cannot issue ordinances that involve expenditure from the Consolidated Fund of the state. The Consolidated Fund is a fund created by the state government to consolidate all its revenues and expenditures. Expenditure from this fund requires the approval of the state legislature, and the Governor cannot bypass this requirement by issuing an ordinance. Therefore, the statement is correct.
Conclusion:
- The first statement is incorrect because the Governor can issue ordinances on subjects from both the State list and the Concurrent list.
- The second statement is correct because the Governor cannot issue ordinances that involve expenditure from the Consolidated Fund of the state.
- Therefore, the correct answer is option D - Neither 1 nor 2.
The Governor of a state in India has the power to issue ordinances under certain circumstances. An ordinance is a law that is promulgated by the Governor when the legislative assembly of the state is not in session. However, there are certain limitations and conditions attached to this power. Let us analyze the given statements:
Statement 1: Governor can issue ordinances only on those subjects which are in the State list.
This statement is incorrect. The Governor can issue ordinances on subjects that fall within the legislative competence of the state government, which includes subjects in both the State list and the Concurrent list. The State list consists of subjects on which only the state legislature can make laws, while the Concurrent list consists of subjects on which both the state and central legislatures can make laws. Therefore, the Governor can issue ordinances on subjects from both lists.
Statement 2: Governor cannot issue ordinance involving expenditure from the Consolidated Fund of State.
This statement is correct. The Governor cannot issue ordinances that involve expenditure from the Consolidated Fund of the state. The Consolidated Fund is a fund created by the state government to consolidate all its revenues and expenditures. Expenditure from this fund requires the approval of the state legislature, and the Governor cannot bypass this requirement by issuing an ordinance. Therefore, the statement is correct.
Conclusion:
- The first statement is incorrect because the Governor can issue ordinances on subjects from both the State list and the Concurrent list.
- The second statement is correct because the Governor cannot issue ordinances that involve expenditure from the Consolidated Fund of the state.
- Therefore, the correct answer is option D - Neither 1 nor 2.
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Consider the following statements with reference to Ordinance making power of Governor: Governor can issue ordinances only on those subjects which are in the State list. Governor cannot issue ordinance involving expenditure from the Consolidated Fund of State.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements with reference to Ordinance making power of Governor: Governor can issue ordinances only on those subjects which are in the State list. Governor cannot issue ordinance involving expenditure from the Consolidated Fund of State.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements with reference to Ordinance making power of Governor: Governor can issue ordinances only on those subjects which are in the State list. Governor cannot issue ordinance involving expenditure from the Consolidated Fund of State.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements with reference to Ordinance making power of Governor: Governor can issue ordinances only on those subjects which are in the State list. Governor cannot issue ordinance involving expenditure from the Consolidated Fund of State.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?.
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