Constitutional text

(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.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

The Ordinance power was inherited from the Emergency powers of the colonial Governor and is the executive's tool for urgent legislation when the state legislature cannot be quickly convened. It has been criticised for being over-used: some states have repeatedly promulgated and re-promulgated Ordinances on the same subject to avoid legislative scrutiny. The Supreme Court in D.C. Wadhwa (1987) declared this practice unconstitutional.

Key Supreme Court cases

D.C. Wadhwa v. State of Bihar (1987)

Held that re-promulgating Ordinances without placing them before the legislature was a fraud on the Constitution; the power to promulgate Ordinances is an exception, not an alternative to the legislative process.

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Last reviewed: 3 July 2026