Daily Prelims Notes 11 March 2023

March 11, 2023
Posted by: OptimizeIAS Team
Category: DPN

Daily Prelims Notes

11 March 2023

Table Of Contents

1. RBI infuses ₹82650 crore into banking system via VRR auction

Subject :Economy

Section: Monetary Policy

Context: The Reserve Bank of India (RBI) infused liquidity amounting to ₹82,650 crore into the banking system on Friday via the 14-day Variable Rate Repo (VRR) auction amid tightening liquidity.

Against the notified ₹1 lakh crore under the VRR auction, banks borrowed ₹82,650 crore at a weighted average rate of 6.53 per cent.

At February 8th bi-monthly monetary policy review, RBI Governor Shaktikanta Das noted that in the period ahead, while higher government expenditure and the anticipated return of forex inflows are likely to augment systemic liquidity, it would get modulated by the scheduled redemption of LTRO and TLTRO (Targeted LTRO) funds during February to April 2023.

Concept:

Long Term Reverse Repo Operation (LTRO)

LTRR is one of the instruments to manage durable liquidity under the RBI’s revised liquidity management framework. It has a tenor of over 14 days Banks’ prefer investing in treasury bills of 91 days, 182 days and 364 days duration as the bills can be easily liquidated to fund future demand for loans. However, if they invest in LTRR, this flexibility will not be available.
Long Term Reverse Repo Operation (LTRO) is a mechanism to facilitate the transmission of monetary policy actions and the flow of credit to the economy. This helps in injecting liquidity in the banking system.
Funds at LTRO are provided at the repo rate. The banks can avail one year and three-year loans at the same interest rate of one day repo. The loans with higher maturity period (here like 1 year and 3 years) will have a higher interest rate compared to short term (repo) loans.
LTROs are conducted on Core Banking Solution (E-KUBER) platform. The operations would be conducted at a fixed rate.
The minimum bid amount would be Rs 1 crore and multiples thereof. There will be no restriction on the maximum amount of bidding by individual bidders.
The Variable Repo Rate (VRR) auction is usually undertaken to withdraw excess liquidity from the system. It is done to tackle inflation. A reverse repo is a fixed or variable interest rate at which banks lend to RBI.

Operational Guidelines For VRR Auction

The auction will be conducted on CBS (e-Kuber) platform.
The minimum bid amount for the auction would be Rupees one crore and multiples thereof. The allotment would be in multiples of Rupees one crore.
Banks would be required to place their bids in percentage terms up to two decimal places. Banks can place multiple bids.
Successful bids will get accepted at their respective bid rates.
Bids at or below the repo rate will be rejected.
Once the bidding time is over, all the bids would be arranged in descending order of the rates quoted and the cut-off rate would arrive at the rate corresponding to the notified amount of the auction. Successful bidders would be those who have placed their bids at or above the cut-off rate. All bids lower than the cut-off rate would be rejected.
There will be the provision of pro-rata allotment should there be more than one successful bid at the cut-off rate.
RBI will, however, reserve the right to (i) inject a marginally higher amount than the notified amount due to rounding effects and (ii) inject less than the notified amount without assigning any reasons therefor.
The reversal of the above auction would take place at the ‘start of day’ on the date of reversal.
The eligible collateral and the applicable haircuts will remain the same as for LAF.
All other terms and conditions as applicable to LAF operations will also be made applicable to the above auction mutatis mutandis. These conditions will, however, be subject to review on a periodic basis.

2. Combined Antarctic-Arctic Sea ice extent lowest

Subject :Environment

Section: Climate Change

Context: This year, the combined sea ice extent of the Antarctic and Arctic was also the lowest-ever for January, said the US National Snow and Ice Data Center (NSIDC).

More on the News:

January 2023 ended as the seventh warmest globally, and was 0.25 degree Celsius (°C) warmer than the average (the period of 1991-2020), according to the latest report released by the European Centre for Medium-Range Weather Forecasts (ECMWF).
The Arctic is warming more than twice as fast as the global average.

What is Arctic amplification? What causes it?

Global warming, the long-term heating of the earth’s surface, expedited due to anthropogenic forces or human activities since pre-industrial times and has increased the planet’s average temperature by 1.1 degrees Celsius. While changes are witnessed across the planet, any change in the surface air temperature and the net radiation balance tend to produce larger changes at the north and south poles. This phenomenon is known as polar amplification; these changes are more pronounced at the northern latitudes and are known as the Arctic amplification.
Among the many global warming-driven causes for this amplification, the ice-albedo feedback, lapse rate feedback, water vapor feedback and ocean heat transportare the primary causes. Sea ice and snow have high albedo (measure of reflectivity of the surface), implying that they are capable of reflecting most of the solar radiation as opposed to water and land.
In the Arctic’s case, global warming is resulting in diminishing sea ice. As the sea ice melts, the Arctic Ocean will be more capable of absorbing solar radiation,thereby driving the amplification.
The lapse rate or the rate at which the temperature drops with elevation decreases with warming. Studies show that the ice-albedo feedback and the lapse rate feedback are responsible for 40% and 15% of polar amplification respectively.

What are the consequences of Arctic warming?

The causes and consequences of Arctic amplification are cyclical, what might be a cause can be a consequence
The Greenland ice sheet is melting at an alarming rate, and the rate of accumulation of sea ice has been remarkably low since 2000, marked by young and thinner ice replacing the old and thicker ice sheets.
Greenlandic ice sheet holds the second largest amount of ice, after Antarctica, and therefore it is crucial for maintaining the sea level. In 2019, this was the single biggest cause for the rise in the sea level, about 1.5 metres. If the sheet melts completely, the sea level would rise by seven metres, capable of subsuming island countries and major coastal cities.
The warming of the Arctic Ocean and the seas in the region, the acidification of water, changes in the salinity levels, is impacting the biodiversity, including the marine species and the dependent species.
The warming is also increasing the incidence of rainfall which is affecting the availability and accessibility of lichens to the reindeer.
The Arctic amplification is causing widespread starvation and death among the Arctic fauna.
The permafrost in the Arctic is thawing and in turn releasing carbon and methane which are among the major greenhouse gases responsible for global warming.
Experts fear that the thaw and the melt will also release the long-dormant bacteria and viruses that were trapped in the permafrost and can potentially give rise to diseases. The best-known example of this is the permafrost thaw leading to an anthrax outbreak in Siberia in 2016, where nearly 2,00,000 reindeer succumbed.

What is the impact on India?

A study titled ‘A possible relation between Arctic sea ice and late season Indian Summer Monsoon Rainfall extremes’published in 2021 by a group of Indian and Norwegian scientists found that the reduced sea ice in the Barents-Kara sea region can lead to extreme rainfall events in the latter half of the monsoons.
The changes in the atmospheric circulationdue to diminishing sea ice combined with the warm temperatures in the Arabian Sea contribute to enhanced moisture and drive extreme rainfall.
According to the World Meteorological Organization’s report, ‘State of Global Climate in 2021’, sea level along the Indian coast is rising faster than the global average rate. One of the primary reasons for this rise is the melting of sea ice in the Polar Regions, especially the Arctic.

3. Marine Plastic Pollution

Subject :Environment

Section: Pollution

Context: Polymer plume, Over 170 trillion plastic particles are floating in the oceans, says study

More on the News:

Oceans across the world are polluted by a growing plastic smog composed primarily of micro-plastics, according to a new study.
An estimated 171 trillion plastic particles, weighing 2.3 million tonnes, were afloat in the world’s oceans in 2019, said the study published in Plos One on March 8, 2023.

Sources of Marine Plastic:

The main sources of marine plastic are land-based, from urban and storm runoff, sewer overflows, beach visitors, inadequate waste disposal and management, industrial activities, construction and illegal dumping.
Ocean-based plastic originates mainly from the fishing industry, nautical activities and aquaculture.
Under the influence of solar UV radiation, wind, currents and other natural factors, plastic fragments into small particles, termed micro-plastics (particles smaller than 5 mm) or nano-plastics (particles smaller than 100 nm).
In addition, microbeads, a type of micro-plastic, are very tiny pieces of manufactured polyethylene plastic that are added as exfoliants in health and beauty products, such as cleansers and toothpastes. These tiny particles easily pass through water filtration systems and end up in the ocean and lakes.

Impact of Plastic Pollution

On Marine Environment: The most visible and disturbing impacts of marine plastics are the ingestion, suffocation and entanglement of hundreds of marine species.
Floating plastics also contribute to the spread of invasive marine organisms and bacteria, which disrupt ecosystems.
On Food and Health: Toxic contaminants accumulate on the surface of plastic materials as a result of prolonged exposure to seawater. When marine organisms ingest plastic debris, these contaminants enter their digestive systems, and overtime accumulate in the food web.
Impacts on Climate Change: Plastic, which is a petroleum product, also contributes to global warming. If plastic waste is incinerated, it releases carbon dioxide into the atmosphere, thereby increasing carbon emissions.
Impacts on Tourism: Plastic waste damages the aesthetic value of tourist destinations, leading to decreased tourism-related incomes and major economic costs related to the cleaning and maintenance of the sites.

Global Efforts:

The 1972 Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter (or the London Convention)
The 1996 Protocol to the London Convention (the London Protocol)
The 1978 Protocol to the International Convention for the Prevention of Pollution from Ships (MARPOL).
The United Nations Environment Program (UNEP) considers plastic marine debris and its ability to transport harmful substances as one of the main emerging issues affecting the environment.
At the 2015 G7 summit in Bavaria, Germany, the risks of micro-plastics were acknowledged in the Leaders’ Declaration.
GloLitter Partnerships (GLP): It is a project launched by the International Maritime Organization (IMO) and the Food and Agriculture Organization of the United Nations (FAO) and initial funding from the Government of Norway.
Clean Seas Campaign:
- The United Nations Environment Programmelaunched the Clean Seas Campaign in 2017
- Aim: The goal was to galvanize a global movement to turn the tide on plastic by reducing the use of unnecessary, avoidable and problematic plastics including single-use plastics and phasing out intentionally added micro-plastics.
- Since then, 63 countries have pledged to do their part to improve plastics management through, among other measures, reducing the prevalence of single-use plastic products.
- The campaign will now highlight source to sea issues and solutions and call for urgent global action.
- The Campaign contributes to the goals of the Global Partnership on Marine Litter and the New Plastics Economy Global Commitment.

4. H3N2 virus: Influenza virus kills 2, Centre issues advisory

Subject : Science and tech

Section: Health

Concept :

India has recorded 2 deaths, one each in Karnataka and Haryana, due to the Influenza A subtype H3N2 virus.

H3N2 Virus

Influenza viruses, which cause the infectious disease known as flu, are of four different types: A, B, C and D.
Influenza A is further classified into different subtypes and one of them is the H3N2.
According to the USA’s Centers for Disease Control and Prevention (CDC), H3N2 caused the 1968 flu pandemic that led to the death of around one million people globally.
The strains of the virus have dramatically evolved in the past five decades as people born in the late 1960s and 1970s got infected by it as children.
Symptoms/Cure/Preparedness of H3N2
Its symptoms are similar to that of any other flu (cough, fever, body ache and headache, sore throat, a runny or stuffy nose and extreme fatigue).
According to the Indian Medical Association (IMA), an infection caused by H3N2 generally lasts for 5-7 days and usually preys on individuals below the age of 15 years or above 50 years of age.
Self-hygiene is the best way to thwart the spread of H3N2.
Oseltamivir, a drug used to treat H1N1, has been recommended by the World Health Organization for the treatment of H3N2 cases as well.
The Indian government has made the drug available through the public health system free of cost.
The Integrated Disease Surveillance Programme of the National Centre for Disease Control of India is undertaking a real-time surveillance of cases of influenza-like/severe acute respiratory infections present in health facilities.

Integrated Disease Surveillance Programme

The Integrated Disease Surveillance Project was launched by the Ministry of Health and Family Welfare, in assistance with the World Bank, in 2004.
It continued as the Integrated Disease Surveillance Programme (IDSP) during 12th Plan (2012–17) under the National Health Mission with a domestic budget.
Under it, a Central Surveillance Unit (CSU) at Delhi, State Surveillance Units (SSU) at all State/Union Territories (UTs) head quarters and District Surveillance Units (DSU) at all Districts have been established.
Programme Components:
- Integration and decentralization of surveillance activities through establishment of surveillance units at Centre, State and District level.
- Human Resource Development – Training of State Surveillance Officers (SSOs), District Surveillance Officers (DSOs), RRT and other medical and paramedical staff on principles of disease surveillance.
- Use of Information Communication Technology for collection, collation, compilation, analysis and dissemination of data.
- Strengthening of public health laboratories.
- Inter sectoral Coordination for zoonotic diseases.

5. Nagaland civic body polls to have 33% quota for women

Subject : Polity

Section: PRI/ULB

Concept :

The State Election Commission of Nagaland has announced it will hold polls for 39 Urban Local Bodies (ULB) after almost two decades on May 16, with 33 per cent reservation of seats for women.
Elections for ULB were not conducted since 2004 over the issue of the “unresolved” Naga peace talks, and reservation for women, which several tribal bodies opposed, asserting that it infringes on the special rights for Nagaland guaranteed under Article 371(A) of the Constitution.
An attempt to hold the ULB elections with 33% reservation for women in 2017 triggered a backlash with protesters setting government buildings ablaze. And it also resulted in the resignation of R. Zeliang as the Chief Minister.
On March 9, 2022, representatives from across the Naga society unanimously agreed to ULB elections with 33 per cent reservation for women.
The decision was taken during a consultative meeting of all stakeholders including civil society organisations, churches, tribal bodies, political parties and NGOs convened by the state government in the presence of legislators.
Organisations such as the Naga Mothers’ Association (NMA) have hailed the notification for the ULB polls.

Women Reservation in ULB’s

The 74th Constitutional Amendment of 1992 not only mandated gender reservation but also provided constitutional safeguards to the long due demand for ensuring female representation in the polity at the sub-national level.

The relevant features given in the Article 243T(3) are:

It provided for the women reservation of not less than 33 percent of the total number of seats in the urban local bodies (ULBs) mandatory.
Also, not less than 33 percent of seats are further reserved for the women belonging to SC/ST communities.
At least 33 percent of the offices of chairpersons in urban local bodies are reserved for women.
To ensure that the effect of the reservation is evenly spread across all the geographical areas of the city, the reserve seats are allotted to different territorial constituencies on a rotational basis.

Special Provisions related to Nagaland

Article 371A deals with the special provisions with respect to the State of Nagaland.
Article 371A (1) (b) – the Governor of Nagaland has special responsibility with respect to law and order in the state so long as internal disturbances caused by the hostile Nagas continue.
For instance, under Article 371A (1) (b) of the Constitution, important functions like “transfer and posting of officials” entrusted with the maintenance of law and order of and above the district level will be with the approval of the Governor.

6. U.S.-India initiative on Critical and Emerging Technology (iCET)

Subject : International Relations

Section: MSc

Concept :

India’s Minister of Commerce and Industry and U.S. Secretary of Commerce welcomed the recently launched S.-India initiative on Critical and Emerging Technology (iCET).

About the U.S.-India initiative on Critical and Emerging Technology (iCET):

It was launched by the US President and Indian Prime Minister on the sidelines of the Quad summit on May 2022.
Goal: To elevate and expand Indo-U.S. strategic technology partnership and defense industrial cooperation between the governments, businesses, and academic institutions of the two countries.
The initiative will be spearheaded by the National Security Council Secretariat in India and the US National Security Council.
The initiative would help forge links between the government, academia, and industry in areas such as AI, quantum computing, 5G/6G, biotech, space, and semiconductors.
Under iCET, the two sides have identified six focus areas of co-development and co-production:
- strengthening innovation ecosystems;
- defense innovation and technology cooperation;
- resilient semiconductor supply chains;
- space;
- STEM (science, technology, engineering, and math) talent;
- next-generation telecom.

7. National Commission for Minorities

Subject : Polity

Section: National body ( Statutory Bodies)

Concept :

Chairman of the National Commission for Minorities, announced the formation of the Global Punjabi Association (GPA).
The objective of the association is to unite the Punjabi community spread across the globe and promote their language and culture.
According to members, the GPA—a registered body under the Societies Act—will be headquartered in Amritsar.
It take steps to provide necessary help and guidance to talented and deserving Punjabis for competitive examinations, placement in services, entrepreneurship and other enterprises.
The GPA was to take up the issues related to Punjab/Punjabis with the concerned authorities/organisations/Governments in a peaceful, democratic and lawful manner for their prompt redressal.

About National Commission for Minorities

It is a statutory body under the National Commission for Minorities Act, 1992 for the purpose of safeguarding and protecting the interests of minorities as provided in the Constitution of India and laws enacted by the Parliament and the State Legislatures.
National Commission for Minorities consist of Chairperson, a Vice-Chairperson and five Members.
The Members including the Chairperson shall be from amongst the minority communities.
Each Member holds office for a period of three years from the date of assumption of office.
The Act mentions an annual report, together with the memorandum of action taken on the recommendations contained therein, as well as the reasons for non-acceptance of the recommendations, if any, be tabled before Parliament annually.
The NCM Act defines a minority as “a community notified as such by the Central government.”
Initially five religious’ communities, viz., Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities by the Union Government. Further in 2014, Jains were also notified as another minority community.
State Government constituted State Minorities Commissions in their respective State Capitals.

Functions:

Evaluating the progress of the development of minorities under the Union and States.
Safeguarding for minorities rights provided in the Constitution and in laws enacted by Parliament and the state legislatures
Making recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the central or state governments.
Looking into specific complaints regarding deprivation of rights and safeguards of minorities
Getting studies to be undertaken into the problems arising out of any discrimination against minorities and recommending measures for their removal.

8. Cotton Corporation of India

Subject :Polity

Section: National body ( Statutory Bodies)

Concept :

The Cotton Corporation of India (CCI) will procure fair average quality (FAQ) grade cotton from farmers till March 31 for the 2022-2023 cotton season.
The CCI said in a press release that the minimum support price (MSP) scheme provides an alternative marketing channel for cotton farmers to sell FAQ-grade cotton at MSP rates.

About Cotton Corporation of India

Cotton Corporation of India was established in 1970 under Companies Act 1956.
It’s a Government of India’s corporate agency, engaged in diverse activities related to trade, procurement, and export of cotton.
CCI is governed by Textile Policy 1985 issued by Ministry of Textiles, Government of India.
CCI operates in the following states as of now – Punjab, Haryana, Rajasthan, Gujarat, Maharastra, Madhya Pradesh, Andhra Pradesh, Karnataka , Tamil Nadu and Orissa.

For notes on Cotton Crop, refer – https://optimizeias.com/herbicide-tolerant-cotton-set-to-get-recommendations-for-release/

9. Centre releases 1.40 lakh crore on tax devolution to states

Subject : Polity

Section: Federalism

Concept :

The government has released the 14th instalment of tax devolution of more than ₹ 1.40 lakh crore to states.
“The Union Government has released 14th instalment of tax devolution to state governments amounting to ₹ 1,40,318 crore today, as against normal monthly devolution of ₹ 70,159 crore,” the finance ministry said in a statement on Friday.
This is in line with the commitment of the Union government to strengthen the hands of states to accelerate their capital and developmental expenditure, it added.
Currently as per 15th Finance Commission recommendations, 41 per cent of taxes collected by the Centre is devolved in 14 instalments to states during a fiscal year.

Tax Devolution

Tax Devolution is to make recommendations for distributing the net proceeds of taxes between the Union and the states.
It is one of the key responsibilities of a finance commission according to Article 280 (3) (a) of the Constitution.
Vertical Devolution :distribution of net taxable income between the Union and states.
Horizontal Devolution :distribution of net taxable income between the states.

Allocation to states

Central transfers to states include devolution from a divisible pool of taxes, transfers towards Centrally Sponsored Schemes, Finance Commission grants, other transfers and capex loans.
Of these, tax devolutions accounts for over 70 per cent .
Tax devolved to States are untied funds and hence states are free to spend them as per their discretion.

Grants to states

Revenue Deficit Grants to States:
- Revenue deficit grants emanate from the requirement to meet the fiscal needs of the States on their revenue accounts that remain to be met, even after considering their own tax and non-tax resources and tax devolution to them.
- Revenue Deficit is defined as the difference between revenue or current expenditure and revenue receipts, that includes tax and non-tax.
- The grants are released as per the recommendations of the Finance Commission in monthly installments to meet the gap in Revenue Accounts of the States post-devolution (of the divisible tax pool of the Centre).
- The 15th Finance Commission has recommended post devolution revenue deficit grants amounting to about Rs. 3 trillion over the five-year period ending FY26.
Statutory Grants:
- Article 275 authorizes Parliament to offer grants to states in need of financial help, rather than to all states. Every year, these funds are charged to India’s Consolidated Fund.
- Aside from this basic provision, the Constitution also provides for specific funds to promote the welfare of scheduled tribes in a state or to improve the standard of administration in scheduled areas in a state, such as Assam.
- The Finance Commission recommends the states that receive statutory grants (both general and particular) under Article 275.

Discretionary Grants (Article 282):

It empowers both the Centre and the states to make any grants for any public purpose, even if it is not within their respective legislative competence.
Under this provision, the Centre makes grants to the states. These grants are known as discretionary grants, the reason being that the Centre is under no obligation to give these grants and the matter lies within its discretion.
These grants have a two-fold purpose: to help the state financially to fulfil plan targets; and to give some leverage to the Centre to influence and coordinate state action to effectuate the national plan.

10. National platform for disaster risk reduction

Subject : Polity

Section: National Body

Concept :

Prime Minister Modi inaugurated 3rdSession of the National Platform for Disaster Risk Reduction (NPDRR) at Vigyan Bhawan.
Jointly organized by the Ministry of Home Affairs (MHA), National Disaster Management Authority (NDMA), National Disaster Response Force (NDRF), and National Institute of Disaster Management (NIDM), the NPDRR will comprise four Plenary Sessions, one Ministerial Session, and eight Thematic Sessions.

About National Platform for Disaster Risk Reduction (NPDRR) :

It was established by the Indian government in 2013 to bring together all segments of the disaster risk community in India, including government officials, parliamentarians, mayors, the media, international agencies, non-governmental organisations, representatives from local communities, scientific and academic institutions, and corporate businesses, among others.
NPDRR is a multi-stakeholders National Platform where all stakeholders get together to share knowledge, experiences, views and ideas, and discuss the latest developments and trends in disaster risk reduction (DRR).

Functions:

It facilitates the exchange of experiences, views, and ideas, presents the results of research and action, and explores the possibility of cooperating across continents.
As a result of this platform, National Action Plans on Disaster Risk Reduction will have a strategic direction and an action plan.The theme of the third Session of NPDRR is “Building Local Resilience in a Changing Climate”.
This theme is aligned with the 10-Point Agenda promulgated by the Prime Minister of India, to build local capacities, especially in the context of a rapidly changing disaster risk scenario in the wake of climate change.
Organizational Structure:
The NPDRR is chaired by the Union Home Minister and headed by the Minister of State in charge of Disaster Management in the Ministry of Home Affairs.
The Vice-Chairman of the National Disaster Management Authority is also a part of the organizational structure.
The Special Secretary/Additional Secretary/Joint Secretary responsible for the Disaster Management Division in the Ministry of Home Affairs acts as the convener of the NPDRR.

11. Ordinance Making Power of Governor

Subject : Polity

Section: Parliament

Concept :

Tamil Nadu Speaker M. Appavu said on Friday that he suspected “some pressure” mounted on Governor R.N. Ravi forced him to return the Bill to ban online gambling and regulate online games.
The Governor had himself promulgated an ordinance on the matter last year, but returned the Bill passed by the Assembly, he said.

Ordinance Making Power of Governor

Article 213 states that the Governor of the state may issue ordinances when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session.
These ordinances have the same legal force and effect as an Act of legislature, but they are only temporary in nature.

Properties of the Ordinance

An ordinance can be retrospective, which means that it can be enacted prior to its approval.
An ordinance passed while legislature is in session is deemed null and void.
To stay a law, the Ordinance must be approved by legislature within six weeks of its reassembly. Its existence is terminated if the legislature does not act within six weeks of its reassembly.
Acts, laws, and events that occurred as a result of the ordinance remain in effect until it expires.
Ordinance promulgation cannot be regarded as a substitute for the Governor’s legislative authority.
Ordinances can only be passed on subjects where the State legislature has the authority to pass laws.
Ordinances cannot be used to revoke the fundamental rights of the citizens guaranteed by the Indian Constitution.
The ordinance would also be declared null and void if legislature passes a resolution opposing it.
The Governor can also revoke an Ordinance at any time but his power to make/revoke an Ordinance is not discretionary, and he can promulgate or revoke an Ordinance only on the advice of the Council of Ministers headed by the chief minister in the assembly.
The Governor of a State cannot make an ordinance without the reference of the President in the following cases :
Bills that have similar provisions require the prior approval of the President to introduce the Bill in the Assembly.
Which Bills contain similar provisions, where the Governor has already considered reserving the Bills for consideration of the President.
Which bills contain the same provisions, where those provisions should require the assent of the President.

Misuse of the Ordinance making power

Deliberate bypassing of the legislature:
- At times there are instances that legislature is being deliberately bypassed to avoid debate and deliberations on contentious legislative proposals.
- This is against the ethos and spirit of democracy.
Repromulgation of ordinances:
- As observed by the Supreme Court, re–promulgation of ordinances is a “fraud” on the Constitution and a subversion of democratic legislative processes, especially when the government persistently avoids placing the ordinances before the legislature.
Undermining the Doctrine of Separation of Powers:
- In the Kesavananda Bharati vs. State of Kerala case 1973, the Supreme Court listed the separation of powers as a “basic feature” of the Constitution.
- The repromulgation undermines the separation of powers, as it effectively allows the executive to make permanent legislation without legislative input or approval.
The satisfaction of Governor:
- Ordinance can be promulgated only when the Governor is satisfied that circumstances exist for the same thus providing the scope of misuse of the power.

Supreme Court’s Judgements:

It was argued in 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.
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”.
Even after tough judgments on the use of ordinances, both the Centre and state governments have ignored the Supreme Court’s observations.
For example, in 2013 and 2014, the Securities Laws (Amendment) Ordinance was promulgated three times.