In India, an ordinance is a law or regulation that is promulgated by the President of India, on the advice of the Council of Ministers, when Parliament is not in session. Similarly, in the case of the states, the Governor has the power to promulgate an ordinance on the advice of the Council of Ministers when the state legislature is not in session.
The power to promulgate ordinances is derived from the Constitution of India, which gives the President and the Governors the power to make laws in emergency situations when the legislative body is not in session.
Ordinances are temporary in nature and have to be approved by the legislative body when it is in session. If an ordinance is not approved within six weeks of the start of the next session of the legislative body, it will cease to be in effect.
The power to promulgate ordinances is intended to be used in exceptional circumstances when the situation demands immediate action, and there is no time to wait for the legislative body to convene. However, this power has been criticized for being misused by governments to circumvent the normal legislative process.
In summary, in Indian states, the Governor has the power to promulgate an ordinance on the advice of the Council of Ministers when the state legislature is not in session. The power to promulgate ordinances is derived from the Constitution of India and is intended to be used in exceptional circumstances.
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