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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🚩The challenges faced by NGT in its effective functioning.🔱

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🚩 Assignment of 10/july/2023🚩


✅The challenges faced by NGT in its effective functioning.

👉The National Green Tribunal (NGT) formed in 2010 under NGT act as a statutory body with an objective of dealing the cases relating to the environmental issues by following the "Principle of natural justice".

👉New Delhi is the Principle place of sitting of tribunals and Bhopal,Kolkata,Pune and chennai shall be the other places for the sitting of the NGT.

✴️Challenges in effective Functioning are -
👉NGT is working only with 6 members instead of 21 zonal benches which are vacant from 2 years till now.
👉Several advocates practicing at the NGT blames the government for vacancies leading to the label given to the NGT as a "Bid to weaken the Institution s" one that should be the vanguard of fight against blind development at the cost of the environment.

👉The advocate disputes are the major problems due to which many cases not even come for hearing at NGT.

✴️The Tribunal being prohibited to hear cases related to 🔹Indian Forest Act,1927 and 🔹The wildlife protection Act of 1972 has arisen the questions on its status of Functioning Effectively.
⚜️Since Forest and Wildlife are the core part of Environment so they should be included in NGT for better functioning in guard of "Principle of natural justice".

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