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 a democratic system. It underscores the principle that the executive must operate within the bounds set by the Constitution and respect the legislative process. The case of Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. remains a testament to the vigilance required to maintain the sanctity of democratic institutions and processes. It is a case that continues to be cited and discussed for its implications on governance and the rule of law in India.
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