D.C. WADHWA V. STATE OF BIHAR
- Saumya Badigineni
- June 6, 2020
Content :
DC WADHWA V. STATE OF BIHAR: A HALT TO THE LIMITLESS REPROMULGATION OF ORDINANCES
During the Constitutional history of India, there have been innumerable emergency situations where it was necessary for the executive authority of India to make a law or a resolution and implement it to its immediate effect. This may occur when both the houses of the Parliament are not in session or the circumstances require the executive authority which includes the President and Governor to take immediate action. This law-making power is extended to the executive branch through the means of Promulgation of Ordinances. These ordinances need the assent of the Parliament to convert them into a legislation within 42 days of the commencement of the parliamentary sessions unless they are re-promulgated. But this re-promulgation of Ordinances has been hugely misused by the executive mechanism of the country as the Governors have re-promulgated the Ordinances for an indefinite period of time. This questions the adequacy of the Constitutional machinery of the nation and causes a misuse of power conferred upon the executive authority of the state. The power of the Governor to re-promulgate ordinances for an indefinite period time under Article 213 of the Constitution has been questioned by the Supreme court of India in the case of D.C. Wadhwa v. State of Bihar.
