REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5875 OF 1994 KRISHNA KUMAR SINGH & ANR. .....APPELLANTS VERSUS STATE OF BIHAR & ORS. ....RESPONDENTS WITH CIVIL APPEAL NOS. 5876-5890 OF 1994 WITH WRIT PETITION (C) NO. 580 OF 1995 AND CIVIL APPEAL NOS. 3533-3595 OF 1995

J U D G M E N T

Madan B. Lokur, J.

1. Having carefully read the erudite judgment prepared by brother Chandrachud, I regret my inability to agree that laying an Ordinance promulgated by the Governor of a State before the State Legislature is mandatory under Article 213(2) of the Constitution and the failure to lay an Ordinance before the State Legislature results in the Ordinance not having the force and effect as a law enacted and would be of no consequence whatsoever. In my opinion, it is not mandatory under Article 213(2) of the Constitution to lay an Ordinance before the Legislative Assembly of the State Legislature, nor would the failure to do so result in the Ordinance not having the force and effect as an enacted law or being of no consequence whatsoever.

2. Further, in my opinion, an Ordinance cannot create an enduring or irreversible right in a citizen. Consequently and wit