D.C. Wadhwa Case (1986)
– Limits on Ordinance-Making Power
Background of the Case
Dr. D.C. Wadhwa, a constitutional scholar, brought to the Court’s notice an alarming practice in Bihar.
Between 1967 and 1981:
- The Governor of Bihar promulgated 256 ordinances
- These ordinances were re-promulgated repeatedly
- Some remained in force for 1 to 14 years
- The State Legislature was kept bypassed
This practice effectively allowed the executive to legislate without the legislature.
Core Constitutional Questions
- Can ordinances be re-promulgated repeatedly?
- Can ordinance-making power substitute legislative power?
- What are the constitutional limits of Article 213?
Supreme Court’s Judgement
The Supreme Court delivered a strongly worded constitutional rebuke.
(a) Ordinance Power Is Exceptional, Not Routine
The Court held that:
- Article 213 confers an exceptional power
- It is meant only for extraordinary situations
- It cannot be used as a substitute for regular law-making by the Legislature
(b) Re-promulgation Is Unconstitutional
The Court ruled that:
- Re-promulgating ordinances without placing them before the Legislature:
- Is a subversion of the democratic process
- Amounts to a fraud on the Constitution
Such practice → Destroys legislative supremacy and accountability.
(c) Ordinance Power Cannot Serve Political Ends
The Court observed that:
- Ordinance-making power cannot be perverted for political convenience
- The executive must justify urgency
(d) Specific Ordinance Struck Down
Accordingly, the Court:
- Declared the Bihar Intermediate Education Council Ordinance, 1985 as:
- Unconstitutional
- Invalid
Constitutional Significance
This judgment:
- Reaffirmed legislative supremacy
- Strengthened democratic accountability
- Prevented executive law-making by default
- Gave substantive meaning to constitutional morality
Impact of the Judgement
- Exposed misuse of ordinance-making power
- Became the foundation for later cases such as:
- Krishna Kumar Singh vs. State of Bihar (2017)
- Clarified that → Ordinances are temporary emergency measures, not parallel legislation
Place in Constitutional Evolution
| Case | Contribution |
|---|---|
| D.C. Wadhwa (1986) | Re-promulgation unconstitutional |
| Krishna Kumar Singh (2017) | Detailed guidelines on ordinances |
Summary
The D.C. Wadhwa Case (1986) held that re-promulgation of ordinances is unconstitutional, declared such practice a fraud on the Constitution, and reaffirmed that ordinance-making power is an exceptional power, not a substitute for legislation.