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Tuesday, October 11, 2011

Q. How long are the ordinances issued by the President or the Governor effective

Ans. If at any time, the President is satisfied, except when both Houses of Parliament. are in session, that circumstances exist which render it necessary to take immediate action, he may promulgate such ordinances as the circumstances require. An ordinance promulgated by the President under this Article shall have the same effect as an act of Parliament.’ If such ordinance is passed by Parliament, whenever it is convened within a period of six weeks, it will be in effect, If such ordinance is not passed by Parliament within this period, it would cease to have effect after the expiry of 6 weeks’ period. Any ordinance may be withdrawn at any time by the President. However, if and so far as an ordinance under this article makes any provision which Parliament would not under this provision be competent to enact, it shall be voice
Similarly, if at any time, except when both Houses or House, as the case may be, of the State Legislature is in session, the Governor is satisfied that circumstances exist which render it necessary for immediate action, he may make such ordinances as the circumstances require. The Governor is required to take prior permission of the President in some matters before the promulgation of such ordinance. An ordinance, issued by the Govern or, should be passed by the Legislature of the State within a period of Six weeks from the date on which the session of the Legislature is convened. If such ordinance is not placed before the Legislature within such period of 6 weeks or if the Legislature does not pass the ordinance within this period, It will cease to have any effect.
If the two Houses of a State Legislature or that of the Parliament are not convened in session on the same date, the above period of 6 weeks shall be counted from the date on which a House is convened in session later.

 

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