A Governor can issue Ordinances on any topic, anytime, without any limits.

Ordinances can only be issued when the legislature isn't in session, must follow the same legal limits as regular state laws, and in some cases need the President's prior instructions.

An Ordinance is a temporary rule with less legal power than a normal law.

Article 213(2) makes clear an Ordinance has the same force and effect as an Act passed by the state legislature — it's just temporary and conditional.

Governments can keep renewing the same Ordinance indefinitely to avoid legislative approval.

The Supreme Court in D.C. Wadhwa v. State of Bihar held that repeated re-promulgation without placing the Ordinance before the legislature is unconstitutional and a fraud on the Constitution.

The Constitution of India

Article 213

Power of Governor to promulgate Ordinances during recess of Legislature

(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:§

Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if —§

(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or§

(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or§

(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.§

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance —§

(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and§

(b) may be withdrawn at any time by the Governor.§

Explanation — Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.§

(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:§

Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.§

Why this exists

State legislatures don't sit year-round, but governance emergencies or urgent policy needs can arise between sessions. Article 213 mirrors the President's ordinance-making power under Article 123, giving Governors a similar tool at the state level. The safeguards — President's instructions in sensitive cases, automatic expiry, and legislative review — were designed by the Constitution's framers to prevent this emergency power from becoming a backdoor to bypass elected legislatures.

How courts read it

The Supreme Court has held that a Governor's 'satisfaction' under Article 213 is not immune from judicial review if exercised in bad faith or for reasons wholly irrelevant (similar to its rulings on Article 123 concerning the President). In D.C. Wadhwa v. State of Bihar (1987), the Court strongly criticized the practice of repeatedly re-promulgating ordinances without placing them before the legislature, calling it a fraud on the Constitution and an abuse of legislative power reserved for genuine emergencies. Courts have consistently emphasized that ordinance power is meant to be an exception, not a routine substitute for legislation.

Common misconceptions

Myth: A Governor can issue Ordinances on any topic, anytime, without any limits.
Fact: Ordinances can only be issued when the legislature isn't in session, must follow the same legal limits as regular state laws, and in some cases need the President's prior instructions.
Myth: An Ordinance is a temporary rule with less legal power than a normal law.
Fact: Article 213(2) makes clear an Ordinance has the same force and effect as an Act passed by the state legislature — it's just temporary and conditional.
Myth: Governments can keep renewing the same Ordinance indefinitely to avoid legislative approval.
Fact: The Supreme Court in D.C. Wadhwa v. State of Bihar held that repeated re-promulgation without placing the Ordinance before the legislature is unconstitutional and a fraud on the Constitution.