Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Power of the Governor to repromulgate Ordinances from time to time without getting them replaced by Acts of Legislature |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India, 1950, Article 213-Scope of-Power of the Governor to repromulgate Ordinances from time to time without getting them replaced by Acts of Legislature-Scope of-Whether a colourable C exercise of power, repugnant to the constitutional scheme.The State of Bihar adopted a practice of repromulgating the ordinances on a massive scale from time to time without their provisions being enacted into acts of the legislature. The practice was that, after the session of the State Legislature was prorogued, the same ordinances which had ceased to operate were repromulgated containing substantially the same provisions almost in a routine manner. The petitioners challenged the validity of this practice and in particular they challenged the constitutional validity of three different ordinances issued by the Governor of Bihar, namely, (i) Bihar Forest Produce (Regulation of Trade) Third Ordinance 1983; (ii) The Bihar Intermediate Education Council Third Ordinance 1983; and (iii) The Bihar Bricks Supply (Control) Third Ordinance 1983, since these Ordinances also suffered the same process of repromulgation from time to time. Petitioner No. 1, a Professor of Economics in Gokhale Institute of Politics and Economics, Pune carried out thorough and detailed research in the matter of repromulgation of Ordinances by the Governor of Bihar from time to time and filed the present writ Petition as he was interested in the preservation and promotion of constitutional functioning of the administration in the country. Petitioner Nos. 2, 3 and 4 were affected by the provisions of the aforesaid Ordinances mentioned at serial no. (i) (ii) and (iii) respectively. The provisions of two out of the aforesaid three Ordinances were enacted into acts of the legislature during the pendency of the writ petitions and the third Ordinance, namely, the Bihar Intermediate Education Council Third Ordinance, 1983 is still in operation though a bill incorporating the provision of this Ordinance is pending consideration before the State Legislature and it has been referred to the Select Committee. Counsel for the Respondent-State opposed the writ petitions contending: (i) that the petitioners have no locus standi to maintain the writ petitions, since out of the three Ordinances, two of them had already lapsed and their provisions were enacted into Acts of the Legislature and so far as the third Ordinance, namely, the Bihar Intermediate Education Council Third Ordinance 1983 is concerned, a legislative proposal has already been introduced for enacting its provisions into an Act; (ii) that the petitioners are not entitled to challenge the practice of repromulgating ordinances from time to time since they are mainly outsiders who have no legal interest to challenge the validity of this practice; (iii) that the question raised before the Court is academic in nature and should not be adjudicated upon by it; and (iv) that the Court is not entitled to examine whether the conditions precedent for the exercise of power of the Governor under Art. 213 existed or not for the purpose of determining the validity of an Ordinance. |
Judge | Honble Mr. Justice P.N. Bhagwati |
Neutral Citation | 1986 INSC 280 |
Petitioner | Dr. D.c. Wadhwa & Ors. |
Respondent | State Of Bihar & Ors. |
SCR | [1987] 1 S.C.R. 798 |
Judgement Date | 1986-12-20 |
Case Number | 412 |
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