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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Keisham Meghachandra Singh vs. The Hon’ble Speaker, Manipur Legislative Assembly case (2020)

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 The Keisham Meghachandra Singh vs. The Hon’ble Speaker, Manipur Legislative Assembly case (2020) is a significant judgment concerning the Anti-Defection Law under the Tenth Schedule of the Indian Constitution. Here are the key points:

Background:

  • Election Context: The case arose after the 2017 Manipur Legislative Assembly elections, which resulted in a hung assembly. The Indian National Congress emerged as the single largest party, but the Bharatiya Janata Party (BJP) formed the government with the support of other parties and independent MLAs.

Key Issues:

  • Disqualification Petitions: Several petitions were filed seeking the disqualification of MLAs who had defected from the Congress to support the BJP.
  • Speaker’s Delay: The Speaker of the Manipur Legislative Assembly delayed the decision on these disqualification petitions, leading to legal challenges.

Supreme Court Verdict:

  • Timely Decision: The Supreme Court ruled that the Speaker must decide on disqualification petitions within a reasonable time frame, ideally within three months.
  • Judicial Review: The Court emphasized that the Speaker’s decisions are subject to judicial review, ensuring that they are not arbitrary or biased.
  • Independent Tribunal Recommendation: The Court suggested that Parliament consider establishing an independent tribunal, headed by a retired judge, to handle disqualification cases under the Tenth Schedule to avoid potential partisan behavior by the Speaker.

Significance:

  • Strengthening Anti-Defection Law: This judgment reinforced the importance of the Anti-Defection Law in maintaining the integrity of the legislative process.
  • Ensuring Accountability: By setting a time frame for the Speaker’s decisions and allowing judicial review, the Court aimed to ensure greater accountability and transparency in the handling of disqualification petitions.

This case has had a significant impact on the functioning of legislative assemblies and the enforcement of the Anti-Defection Law in India.


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