Which of the following statements regarding the Ordinance making power of the Governor is are not co...........

Indian Polity State - Executive, Legislature

Which of the following statements regarding the Ordinance-making power of the Governor is/are not correct?

1. It is a discretionary power and does not entail the advice of the Ministers.

2. The Ordinance-making power of the Governor is confined to subjects in all the three Lists of Schedule VII.

3. With regard to repugnancy with a Union Law relating to the concurrent subjects, the Governor's Ordinance will prevail notwithstanding repugnancy, if the Ordinance had been made in pursuance of 'instructions' of the President of India.

Select the correct answer using the code given below.

This questions was previously asked in

EPFO APFC 2023

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1 and 2 only

1, 2 and 3

2 and 3 only

3 only

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Explanation:

1. The Governor's Ordinance-making power is not a discretionary power; it requires the advice of the Council of Ministers.

2. The Ordinance-making power of the Governor is limited to subjects within the State List and the Concurrent List, not all three Lists (which include the Union List).

3. If an Ordinance regarding a concurrent subject conflicts with a Union law, typically, the Union law prevails. However, if the Ordinance is made following 'instructions' from the President, it may prevail.

Answer: Option 1 - 1 and 2 only