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G. L. OZA, K. N. SINGH, M. M. DUTT, P. N. BHAGWATI, RANGANATH MISRA
D. C. Wadhwa – Appellant
Versus
State Of Bihar – Respondent
Judgement
BHAGWATI, C.J.I. :- These petitions under Article 32 of the Constitution raise a short question of great constitutional importance relating to the power of the Governor under Article 213 of the Constitution to re-promulgate ordinances from time to time without getting them replaced by Acts of the Legislature. The question is, can the Governor go on re-promulgating ordinances for an indefinite .period of time and thus take over to himself the power of the Legislature to legislate though that power is conferred on him under Article 213 only for the purpose of enabling him to take immediate action at a time when the legislative assembly of the State is not in session or when in a case where there is a legislative council in the State, both Houses of Legislature are not in session. The facts giving rise to these writ petitions are disturbing and we may briefly state them as follows :
2. These writ petitions have been filed by four petitioners challenging the validity of the practice of the State of Bihar in promulgating and re-promulgating ordinances on a massive scale and in particular they have challenged the constitutional validity of three different ordinances issued by the
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