With reference to the ordinance-making power of the Governor under Article 213 of the Constitution of India, which of the following statements is or are correct?

Introduction / Context:
The ordinance making power of the Governor at the State level is similar, in many ways, to the President's ordinance making power at the Union level. It allows temporary laws to be made when the State Legislature is not in session. However, this power is not absolute or purely discretionary; it is exercised under constitutional limitations and usually on the advice of the Council of Ministers. This question asks you to examine two specific statements about the Governor's ordinance making power and identify which are correct.

Given Data / Assumptions:
The statements are:

• 1. It is a discretionary power.
• 2. The Governor himself is not competent to withdraw the Ordinance at any time.

We must determine whether each statement is correct in light of Article 213 and the general principles of parliamentary democracy in India.

Concept / Approach:
Article 213 empowers the Governor to promulgate ordinances when the Legislative Assembly (or both Houses in a bicameral State) is not in session, and when he is satisfied that circumstances exist which require immediate action. However, under the system of responsible government, the Governor is expected to act on the aid and advice of the Council of Ministers, except in a few well defined areas of discretion. Ordinance making is not generally treated as a purely discretionary power. Moreover, Article 213(2)(b) states that an ordinance may be withdrawn at any time by the Governor—meaning that the Governor has the formal power to withdraw it (again, normally on ministerial advice). Therefore, both statements given in the question are incorrect: the power is not purely discretionary, and the Governor is competent to withdraw an ordinance.

Step-by-Step Solution:
Step 1: Assess Statement 1: "It is a discretionary power." Read in context, ordinance making is exercised by the Governor while following the constitutional norm of acting on the advice of the Council of Ministers; thus, it is not a broad discretionary power.Step 2: Recall that only some specific functions (for example, reserving a Bill for the President or certain decisions in North Eastern States) are treated as discretionary; ordinance making is not one of them in ordinary circumstances.Step 3: Conclude that Statement 1 is incorrect.Step 4: Assess Statement 2: "The Governor himself is not competent to withdraw the Ordinance at any time." Article 213(2)(b) explicitly provides that an ordinance may be withdrawn at any time by the Governor, so constitutionally he is competent to do so.Step 5: Therefore, Statement 2 is also incorrect. Since both statements are wrong, the correct answer is "Neither 1 nor 2."

Verification / Alternative check:
Polity commentaries explain that the Governor's ordinance making power is subject to similar checks as the President's in Article 123. They emphasise that the Governor acts on ministerial advice in promulgating and withdrawing ordinances, and that such ordinances must be laid before the State Legislature and will cease to operate if not approved. Furthermore, discussion of discretionary powers lists different examples and does not categorise ordinance making as an area of unfettered gubernatorial discretion. Reading the constitutional text of Article 213(2)(b) confirms that the Governor may withdraw an ordinance at any time, confirming Statement 2 as incorrect.

Why Other Options Are Wrong:

• "1 only": This would treat the ordinance making power as discretionary, which contradicts the general principle of responsible government and constitutional conventions.
• "2 only": This suggests the Governor is not competent to withdraw the ordinance, which is directly contradicted by Article 213(2)(b).
• "Both 1 and 2": This assumes both statements are correct, whereas both misrepresent the constitutional position.

Common Pitfalls:
One frequent error is to assume that because the Constitution says the Governor is "satisfied" before promulgating an ordinance, the power must be discretionary. In parliamentary systems, however, such satisfaction is normally understood to be the satisfaction of the government, not the personal choice of the Governor. Another pitfall is ignoring the explicit text allowing the Governor to withdraw an ordinance and instead imagining that only the Legislature can end it. Remember that ordinances are temporary executive laws that can be both promulgated and withdrawn by the Governor, subject to constitutional checks and ministerial advice.

Final Answer:
Both statements given are incorrect, so the correct choice is Neither 1 nor 2.