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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Wings to the Women empowerment

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🌟Context:- Recently, Uttrakhand became the first north Indian state to pass the Uniform Civil Code {UCC} regardless of religion,governs the personal matters all Indian citizens including marriage,divorce, adoption and inheritance.
✍️Three pillers of this new bill ie., UCC 2024 includes - 
1. Liberty - liberty inside the prision of law
2. Privacy - State interference in individual's life's autonomy (A-21) 
3. Equality - women's empowerment 

Advantages  - 
1. Protective shield for womens against any discrimination ocuuring in their relationship.
2. Registration of any live-in relationship will prove as a tool of equality for both men and women . "Serving as a safeguard" against the misuse of this relationship.
3. Another wing in women's life ,
Article - 21( a degnified life without any burden of societal pressure).

Disadvantages  - 
1. With this mandate,the proposed law will become the foremost weapon of state to penalise consensual relationship and violates the individual autonomy.
2. Those who live-in together enjoys the autonomy in their consensual partnerships ,which is almost negligible in regulated marriages. Erasing this much needed distinction between these institutions is irrational.
3. It infringes on free decision making and an expression of feelings, protected under article 21 ,which lays on the right to dignified life.

Thus, by considering the landmark judgement of K.S. Puttasawamy vs. UOI 2017 , we can say that this new law of UCC 2024 ,comes out to be the "individuals autonomy in the cage of law" but on the other hand it also empowers women's rights and removes the discrimination against womens. So here we need the balancing approach of "madhyam marg" that is not too rigid not too lenient.






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