Facts of the Case
The State Government has been promulgating several ordinances continuously on the same subject matter without introducing a regular Bill in the State Legislature for approval. Questions have arisen regarding the constitutional validity of this practice and whether it abuses legislative powers granted under the Constitution.
Issues in the Case
- Whether continuous promulgation of ordinances on the same subject without legislative approval is constitutionally valid.
- Whether such a practice violates the principles of separation of powers and the legislative procedure under the Constitution.
- What remedies are available to challenge such ordinances.
Legal Principles Covered
A. Constitutional Provisions
- Article 213 – Power of Governor to promulgate Ordinances
- Governor can promulgate an ordinance when Legislature is not in session.
- Must be approved by the State Legislature within 6 weeks of reassembly, failing which it ceases to operate.
- Promulgation is meant to be temporary and exceptional, not a substitute for law-making.
- Article 174 – Governor’s Address and Legislative Procedure
- Emphasizes importance of legislative approval for laws.
- Principle of Separation of Powers
- Continuous ordinance-making undermines the legislative authority of the State Legislature.
B. Judicial Principles / Precedents
- D.C. Wadhwa v. State of Bihar (1987) 2 SCC 81
- Supreme Court held that ordinances cannot be a substitute for the legislative process.
- Promulgation must be occasional and exceptional, not routine.
- Bhupinder Singh v. State of Punjab (1986) 3 SCC 83
- Repeated promulgation on the same subject without introducing a Bill is abuse of constitutional power.
- Rameshwar Prasad v. Union of India (2006) 2 SCC 1
- Ordinances must adhere to Article 213; failure to secure legislative approval makes them invalid after reassembly.
C. Principles of Constitutional Law
- Temporary Nature of Ordinances
- Ordinances are not permanent law; intended to meet urgent situations when Legislature is not in session.
- Legislative Supremacy
- Law-making is the exclusive domain of the Legislature.
- Governor/State cannot circumvent legislative scrutiny by continuously issuing ordinances.
- Doctrine of Pith and Substance
- Courts examine substance of action; repeated ordinance-making is treated as usurpation of legislative function.
Possible Judgement / Legal Advice
- Constitutional Invalidity
- Continuous promulgation of ordinances on the same subject without legislative approval is constitutionally invalid.
- Remedies Available
- Citizens or affected parties can challenge ordinances in High Court or Supreme Court under Articles 226 or 32.
- Court may strike down ordinances issued in violation of Article 213.
- Advisory Conclusion
- Ordinances are exceptional and temporary instruments.
- Routine promulgation to bypass the legislature violates Articles 213, 174, and the principle of separation of powers.
- State Government must introduce regular Bills in the Legislature to make law valid and sustainable.
About lawgnan
Concerned about the constitutional misuse of ordinance powers by a State Government? Learn how Article 213 restricts continuous ordinance-making without legislative approval. At Lawgnan.in, our legal experts explain the temporary nature of ordinances, the principle of separation of powers, and landmark rulings like D.C. Wadhwa v. State of Bihar. Understand when an ordinance becomes unconstitutional and how citizens can challenge repeated promulgations in court. Stay informed about your constitutional safeguards and the balance of legislative power. Visit Lawgnan.in today for detailed guidance on ordinance-making powers and judicial remedies.
