Supreme Court Ruling Limits Life Of Ordinances

  • The government would be courting legal trouble if it attempts to re-promulgate the ordinances.
  • In 1986, the Supreme Court judgment in D.C. Wadhwa versus State of Bihar declared that it was the constitutional duty of the public to approach the court against re-promulgation of ordinances in a massive scale as a routine measure.
  • The apex court held:- the power to promulgate an ordinance is essentially a power to be used to meet an extraordinary situation and cannot be allowed to be ‘perverted to serve political ends’.
  • An ordinance is promulgated by the President on the Union Cabinet’s advice under Article 123 of the Constitution.
  • The judgment held that the apex court can adjudicate if the re-promulgation subverted “the democratic process which lies at the core of our constitutional scheme
  • The judgement also subjected people to be governed not by the laws made by the legislature as provided in the Constitution but by laws made by the Executive.
  • In such a scenario, it would be left to the Supreme Court to decide.
  • Supreme Court was recently stripped off its Collegium powers of judicial appointments by the National Judicial Appointments Commission
  • The uncertainty may also undermine the government’s surge for an investment-friendly atmosphere.
  • Few investors would like to gamble on such shaky grounds, banking their hopes on the continued survival of the government’s ordinances.
  • Mr. Kashyap said: Propriety demands that the ordinance should lapse  if there is no meeting of minds in the legislature on its provisions.