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

 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

Constituent Assembly of India

The Constituent Assembly of India was a body of elected representatives tasked with drafting the Constitution of India. Here are some key details about its members and composition:

Composition:

  • Total Members: Initially, the Assembly had 389 members, which was later reduced to 299 after the partition of India.
    • Provinces: 292 representatives from the provinces.
    • Princely States: 93 representatives from the princely states.
    • Chief Commissioner Provinces: 4 representatives from Delhi, Ajmer-Merwara, Coorg, and British Baluchistan.

Notable Members:

  • Dr. Rajendra Prasad: President of the Constituent Assembly.
  • Dr. B.R. Ambedkar: Chairman of the Drafting Committee.
  • Jawaharlal Nehru: First Prime Minister of India and a key figure in the Assembly.
  • Sardar Vallabhbhai Patel: Deputy Prime Minister and a significant contributor.
  • Maulana Abul Kalam Azad: Prominent freedom fighter and educationist.
  • H.C. Mookerjee: Vice President of the Assembly.
  • V.T. Krishnamachari: Vice President of the Assembly.
  • K.M. Munshi: Member of the Drafting Committee.
  • Sarojini Naidu: Renowned poet and freedom fighter.
  • Rajkumari Amrit Kaur: First Health Minister of India.

Functions:

  • Drafting the Constitution: The primary task was to draft the Constitution of India, which was adopted on January 26, 1950.
  • Debates and Discussions: The Assembly held extensive debates and discussions on various provisions of the Constitution.

The Constituent Assembly played a crucial role in shaping the democratic framework of India, ensuring that the Constitution reflected the diverse needs and aspirations of the Indian people.


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