KRISHNA KUMAR SINGH & ANR versus STATE OF BIHAR & ORS.

KRISHNA KUMAR SINGH & ANR versus STATE OF BIHAR & ORS.

Seven successive repromulgations of the Ordinance without laying any before the Bihar Legislative Assembly as required under Article 213(2) constituted a fraud on constitutional power, rendering all Ordinances invalid; Ordinances did not create enduring or irreversible rights for employees.

Parties
Appellant: Krishna Kumar Singh & Anr.; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
01 January 2017
Procedural Posture
Civil Appeal / Decision on Reference by Seven Judge Bench
Outcome
All successive repromulgated Ordinances held unconstitutional and invalid; appeal disposed of.
Legal Topics
Ordinance Making Power, Repromulgation of Ordinances, Mandate to Lay Ordinance Before Legislature, Enduring Rights Under Ordinance, Fraud on Constitutional Power
Constitutional Law Service Law Ordinance Making Power Repromulgation of Ordinances Mandate to Lay Ordinance Before Legislature Enduring Rights Under Ordinance Fraud on Constitutional Power

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Parties

Krishna Kumar Singh & Anr.

Appellant

State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Decision on Reference by Seven Judge Bench

Legal Issues

  1. 1 Whether successive repromulgations of the Bihar Non-Government Sanskrit Schools (Taking Over of Management and Control) Ordinance, 1989 were unconstitutional
  2. 2 Whether Ordinances not laid before the legislature can create enduring rights
  3. 3 Whether salaries paid during the currency of invalid ordinances are recoverable

Ratio Decidendi

Seven successive repromulgations of the Ordinance without laying any before the Bihar Legislative Assembly as required under Article 213(2) constituted a fraud on constitutional power, rendering all Ordinances invalid; Ordinances did not create enduring or irreversible rights for employees.

Court Disposition

All successive repromulgated Ordinances held unconstitutional and invalid; appeal disposed of.

Orders

  • No recovery of salaries already paid to employees under the Ordinances.
  • Directions given by the High Court for payment of salary and interest need not be disturbed.