Article 213 of CoI : Article 213: Power of Governor to promulgate Ordinances during recess of Legislature.
CoI
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Explanation using Example
Example 1:
Scenario: A sudden outbreak of a contagious disease in the state of Maharashtra requires immediate quarantine measures.
Application of Article 213:
- The Maharashtra Legislative Assembly is not in session.
- The Governor of Maharashtra, recognizing the urgent need to control the outbreak, decides that immediate action is necessary.
- The Governor promulgates an Ordinance to enforce quarantine measures, restrict movement, and allocate emergency funds for healthcare facilities.
- This Ordinance is laid before the Legislative Assembly when it reconvenes.
- The Ordinance will cease to operate six weeks after the Assembly reassembles unless it is approved by the Assembly within that period.
Example 2:
Scenario: A severe drought in the state of Rajasthan necessitates immediate relief measures for farmers.
Application of Article 213:
- The Rajasthan Legislative Assembly is not in session.
- The Governor of Rajasthan, understanding the critical situation, decides that immediate action is required to provide relief to the farmers.
- The Governor promulgates an Ordinance to provide financial aid, waive off certain agricultural loans, and implement water conservation projects.
- This Ordinance is presented before the Legislative Assembly when it reconvenes.
- The Ordinance will cease to operate six weeks after the Assembly reassembles unless it is approved by the Assembly within that period.
Example 3:
Scenario: A sudden increase in cybercrimes in the state of Karnataka requires immediate legal measures to enhance cybersecurity.
Application of Article 213:
- The Karnataka Legislative Assembly is not in session.
- The Governor of Karnataka, recognizing the urgent need to address the rise in cybercrimes, decides that immediate action is necessary.
- The Governor promulgates an Ordinance to strengthen cybersecurity laws, increase penalties for cybercrimes, and establish a special task force.
- This Ordinance is laid before the Legislative Assembly when it reconvenes.
- The Ordinance will cease to operate six weeks after the Assembly reassembles unless it is approved by the Assembly within that period.
Example 4:
Scenario: A natural disaster, such as a cyclone, hits the state of Odisha, requiring immediate relief and rehabilitation measures.
Application of Article 213:
- The Odisha Legislative Assembly is not in session.
- The Governor of Odisha, understanding the urgency of the situation, decides that immediate action is required to provide relief and rehabilitation to the affected people.
- The Governor promulgates an Ordinance to allocate funds for disaster relief, set up temporary shelters, and provide essential supplies.
- This Ordinance is presented before the Legislative Assembly when it reconvenes.
- The Ordinance will cease to operate six weeks after the Assembly reassembles unless it is approved by the Assembly within that period.
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