Question map
The landmark case of D. C. Wadhwa vs. State of Bihar in the Supreme Court is related to which one of the following powers of the Governor?
Explanation
The landmark case of D. C. Wadhwa vs. State of Bihar (1987) is a significant Supreme Court judgment concerning the Governor's legislative power to promulgate ordinances under Article 213 [1]. The petitioner, a professor of economics, challenged the practice in Bihar where ordinances were repeatedly re-promulgated for years without being placed before the State Legislature. The Supreme Court ruled that the mechanical re-promulgation of ordinances is a 'fraud on the Constitution' and a subversion of the democratic legislative process. The court emphasized that the ordinance-making power is intended for emergent situations and cannot be used as a substitute for the law-making power of the legislature. This case established that while the Governor can issue ordinances when the legislature is not in session, successive re-promulgation without legislative approval is unconstitutional.
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > REFERENCES > p. 238