Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

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 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
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Fundamental rights

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Fundamental rights :-

there are six fundamental rights provided by the Constitution of India :-
1.right to equality.
2.right to liberty 🗽.
3.right against exploitation.
4.right to freedom of religion.
5.culture and educational rights.
6.right to constitutional remedy.

*article 14 of the Constitution provides that the state shall not deny any person equality before the law or equal protection of the laws within the territory of India.

Exception to the provision of equality before law, allowed by the Indian constitution are :-

*the president or the governor of a state is not answerable to any court for the exercise and performance of the powers and duties of his office.
*No criminal proceedings can be instituted or continued against the president or a governor in any court during his term of office 🏢.
*no civil proceedings in which relief is claimed against the president or the governor of a state can be instituted during his term of office in any court in respect of any act done by him in his personal capacity, without a prior notice of two months.
*the above immunities do not bar Impeachment proceedings against and suits or other appropriate proceeding against the government of India or the government of a state.
*Exceptions acknowledged by the coming of nations in every civilized country, in favour of foreign sovereigns and ambassadors.
*the guarantee of 'equal protection' is a guarantee of equal treatment of persons in 'equal circumstances', permitting differentiation in different circumstances.

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