Supreme Court of India · 1986-12-20
DR. D.C. WADHWA & ORS. vs STATE OF BIHAR & ORS.
- Citation / case number
- SC 1984/68330
- Court
- Supreme Court of India
- Petitioner
- DR. D.C. WADHWA & ORS.
- Respondent
- STATE OF BIHAR & ORS.
- Author
- BHAGWATI, P.N. (),MISRA RANGNATH,OZA, G.L. ,DUTT, M.M. ,SINGH, K.N.
- Bench
- BHAGWATI, P.N. (CJ),MISRA RANGNATH,OZA, G.L. ,DUTT, M.M. ,SINGH, K.N.
Judgment text excerpt
The Supreme Court held that the practice of repromulgating ordinances by the Governor of Bihar without legislative approval is unconstitutional under Article 213 of the Constitution of India. The Court struck down the Bihar Intermediate Education Council Third Ordinance, 1983, as it usurped legislative functions beyond the Governor's constitutional limits. The Court emphasized that such actions are a colorable exercise of power, undermining the constitutional scheme of governance.