DR. D.C. WADHWA & ORS. versus STATE OF BIHAR & ORS.

DR. D.C. WADHWA & ORS. versus STATE OF BIHAR & ORS.

The practice of repromulgating ordinances without pursuing enactment into Acts amounts to the executive usurping legislative powers, is repugnant to the constitutional scheme, and violates the rule of law. Such ordinances cannot be successively repromulgated without legislative review; otherwise, it would be a fraud on the Constitution.

Parties
Petitioner: Dr. D.C. Wadhwa & Ors.; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
20 December 1986
Procedural Posture
Writ Petition Under Article 32 / Final Judgment
Outcome
Petitions allowed.
Legal Topics
Ordinances, Legislative Power, Article 213, Executive Power, Separation of Powers, Rule of Law, Repromulgation of Ordinances, Judicial Review
Constitutional Law Ordinances Legislative Power Article 213 Executive Power Separation of Powers Rule of Law Repromulgation of Ordinances +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dr. D.C. Wadhwa & Ors.

Petitioner

State of Bihar & Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether the Governor can repromulgate ordinances from time to time without getting them replaced by Acts of Legislature
  2. 2 Whether the practice of repeated repromulgation is a colourable exercise of power repugnant to the constitutional scheme

Ratio Decidendi

The practice of repromulgating ordinances without pursuing enactment into Acts amounts to the executive usurping legislative powers, is repugnant to the constitutional scheme, and violates the rule of law. Such ordinances cannot be successively repromulgated without legislative review; otherwise, it would be a fraud on the Constitution.

Court Disposition

Petitions allowed.

Orders

  • The Bihar Intermediate Education Council Third Ordinance, 1983, which is still in operation, is struck down as unconstitutional and void.
  • The State of Bihar shall pay to Petitioner No. 1 a sum of Rs. 10,000 as costs of the writ petitions.