Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

The ordinance was originally conceived as an emergency provision. However, in recent times the frequent use of ordinance route has led to the undermining the role of the legislature and the doctrine of Separation of powers.

1. Governor under Article 213 can promulgate an ordinance only when the legislative assembly is not in session. 
2. He can promulgate an ordinance only when he is satisfied that circumstances exist which render it necessary for him to take immediate action. 
3. He can issue ordinances only on those subjects on which the state legislature can make laws. 
4. An ordinance issued by him has the same force and effect as an act of the state legislature can make laws.

Legality of re-promulgation of ordinances

• Against the very idea of separation of power 
• In conflict with parliamentary supremacy 
• Abuse of the exceptional power 
• The question of judicial review

Judicial safeguard

1. DC Wadhwa vs. the State of Bihar (1987) that the legislative power of the executive to promulgate ordinances is to be used in exceptional circumstances and not as a substitute for the law-making power of the legislature. 
2. Supreme Court in Krishna Kumar Singh v. the State of Bihar held that the authority to issue ordinances is not an absolute entrustment, but is “conditional upon satisfaction that circumstances exist rendering it necessary to take immediate action”.

The executive must show self-restraint and should use ordinance making power only in unforeseen or urgent matters and not to evade legislative scrutiny and debates.