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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🚩Enforcement Directorate🚩

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🚩How you can make  ED as an Effective organization to fulfill its objectives.


👉 Enforcement Directorate (ED) is a multi-diciplinary organization mandated with the investigation of offences if "Money Laundering" and Violations of foreign exchange laws.
👉Wirks under the "Department of Revenue of Ministery of finance.

🔱 Effective measures fir strengthening ED-

👉The "Selective Prosecution" system under FEMA(Foreign exchange management Act,1947) and PMLA(Prevention of Money Laundering,2002) should be solely controlled by ED and not by any political entity.
👉The Extension of Power of ED is needed to be reformed under PMLA,2002 and FEOA,2018 .
- One permanent vigilence body for making records and proofs of Investigation until its judgement.

👉The implementation if "Digital Display Board" fir the transperacy in the number cases recorded,running,judged and solved for a better structural system.

👉The role of civil societies
- they can act as a "Whistle blower" to curb the "venality in investigation committee.
- Can act as a "safeguard" to person against whom the case has been  filed . Safeguarding the right to "due process" enshrined in article -21 and A-22 , to mandate that no person can be arrested without informing him/her of the grounds of arrest ,they had contended.

👉"Balancing Agreement" Approach shall be implemented by other vigillance committee such as NIA,CBI,NCB,SFIO , if the case is not investigated in a proper manner. This will lead to the faster result of the case.

🔱Way Forward-
👉The "Blancket Power " of arrest, investigation,filing a case should be limitized by an effective laws by law commission s.

👉There should be a "vigilance committee " as a "guardian" of fair investigation.

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