VALIDITY OF RE-PROMULGATE ORDINANCES

Dr D C Wadhwa & Ors Vs State of Bihar & Ors (AIR 1987 SC 579)

"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.....This is clearly contrary to the consti- tutional scheme and it must be held to be improper and invalid. We hope and trust that such practice shall not be continued in the future and that whenever an Ordinance is made and the Government wishes to continue the provisions of the Ordinance in force after the assembling of the Legisla- ture, a Bill will be brought before the Legislature for enacting those provisions into an Act. There must not be Ordinance--Raj in the country."
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