Kerala Assembly passes unanimous resolution to counter divisive forces

Kerala Assembly passes unanimous resolution to counter divisive forces

Subject :Polity

Section: Legislature

Context :

• The resolution was moved and passed during the special one-day conference held in the House to commemorate the 75th anniversary of India’s independence.
• The conference also marked the beginning of the 10-day Assembly session which has been convened in the wake of 11 ordinances of the state government expiring on August 8 for want of approval of the Kerala Governor.

Article 174: Sessions of the State Legislature, prorogation and dissolution.

(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but there should not be a gap of more than six months between two sessions (from last sitting of a session to first sitting of next session)

(2) The Governor may from time to time—

(a) prorogue the House or either House

(b) dissolve the Legislative Assembly

Article 213 : Power of Governor to promulgate Ordinances during recess of Legislature.

• Governor can promulgate an ordinance only when the legislative assembly (in case of a unicameral legislature) is not in session or (in case of a bicameral legislature) when both the Houses of the state legislature are not in session or when either of the two Houses of the state legislature is not in session. The last provision implies that an ordinance can be promulgated by the governor when only one House (in case of a bicameral legislature) is in session because a law can be passed by both the Houses and not by one House alone.
• He can promulgate an ordinance only when he is satisfied that circumstances exist which render it necessary for him to take immediate action.
• His ordinance-making power is co-extensive with the legislative power of the state legislature. This means that he can issue ordinances only on those subjects on which the state legislature can make laws.
• An ordinance issued by him has the same force and effect as an act of the state legislature.
• An ordinance issued by him is subject to the same limitations as an act of the state legislature. This means that an ordinance issued by him will be invalid to the extent it makes any provision which the state legislature cannot make.
• He can withdraw an ordinance at any time.
• His ordinance-making power is not a discretionary power. This means that he can promulgate or withdraw an ordinance only on the advice of the council headed by the chief minister.
• An ordinance issued by him should be laid before the legislative assembly or both the Houses of the state legislature (in case of a bicameral legislature) when it reassembles.
• An ordinance issued by him ceases to operate on the expiry of six weeks from the reassembly of the state legislature. It may cease to operate even earlier than the prescribed six weeks, if a resolution disapproving it is passed by the legislative assembly and is agreed to by the legislative council (in case of a bicameral legislature).
• He cannot make an ordinance without the instructions from the President in three cases:
• (a) If a bill containing the same provisions would have required the previous sanction of the President for its introduction into the state legislature.
• (b) If he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the President.
• (c) If an act of the state legislature containing the same provisions would have been invalid without receiving the President’s assent.