The landmark case of D. C. Wadhwa vs. State of Bihar in the Supreme Co

The landmark case of D. C. Wadhwa vs. State of Bihar in the Supreme Court is related to which one of the following powers of the Governor?

To promulgate ordinances

To appoint a Chief Minister

To grant pardon, etc.

To revise the emoluments and allowances of the MLAs

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2022

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The landmark case of D. C. Wadhwa vs. State of Bihar (1987) dealt with the executive power of the Governor to promulgate ordinances. The Supreme Court held that the practice of repeatedly re-promulgating ordinances without getting them passed by the legislature was a fraud on the Constitution and a violation of the constitutional scheme.

The ordinance-making power (Article 123 for the President, Article 213 for the Governor) is an emergency power to be used when the legislature is not in session. It is not intended to be a substitute for the legislative process.

The D.C. Wadhwa case emphasized the limits and conditional nature of the ordinance-making power, asserting judicial review over the exercise of this power, particularly in cases of repetitive re-promulgation without legislative consideration.

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