By which act of British India, was the Governor General empowered to issue ordinance

Indian Councils Act 1861. An Act to make better Provision for the Constitution of the Council of the Governor General of India, and for the Local Government of the several Presidencies and Provinces of India, and for the temporary Government of India in the event of a Vacancy in the Office of Governor General.

1. Governor-General’s Ordinance Power

• An ordinance is a temporary law issued by the executive when the legislature is not in session.
• It has the same effect as an act of legislature, but it must be approved by the legislature later to remain permanent.
• This power was used by the Governor-General to quickly implement laws without waiting for legislative procedures.

2. The Act Empowering the Governor-General

• The Governor-General of British India was empowered to issue ordinances under the Government of India Act, 1935.
• Section: The Act specifically gave the Governor-General the authority to issue ordinances when immediate action was required.
• Purpose:
  1. Maintain administrative efficiency.
  2. Deal with emergencies (political, financial, or law-and-order crises).
  3. Enact temporary laws pending legislative approval.

3. Features of Ordinance Power

1. Temporary Law: Ordinances are valid for 6 months unless approved by the legislature.
2. Legislative Approval Required: If not approved, the ordinance ceases to operate after 6 months.
3. Executive Power: It is issued by the Governor-General or Viceroy, not the legislature.
4. Emergency Use: Primarily used during crises or urgent situations.

4. Significance of Ordinances

• Enabled the Governor-General to act swiftly without legislative delay.
• Helped the British government maintain control during emergencies.
• Set a precedent for ordinance powers in independent India under the Constitution (Articles 123 and 213).

5. Conclusion

The Governor-General of British India was empowered to issue ordinances under the Government of India Act, 1935. This provision allowed him to enact temporary laws in emergencies and maintain administrative efficiency, though these ordinances required later approval by the legislature to become permanent.