CAPF AC 2022 Q65: Indian Polity – Union & State Executive
- (a) To repromulgate ordinances
- (b) To appoint a Chief Minister
- (c) To grant pardon, etc.
- (d) To revise the emoluments and allowances of the MLAs
Answer: (a) To repromulgate ordinances
Explanation
D. C. Wadhwa case and ordinances
How to think: this case is about the misuse of the ordinance power.
Dr D. C. Wadhwa, an economics professor, found that Bihar had kept ordinances alive for years by issuing them again and again.
| Fact | Detail |
|---|---|
| Case | D. C. Wadhwa v. State of Bihar, 1987 |
| What Bihar did | Re-promulgated 256 ordinances between 1967 and 1981, some for up to 14 years |
| Ruling | Repeated re-promulgation without placing the law before the legislature is a fraud on the Constitution |
| Governor's power | Ordinances under Article 213 |
The rule: an ordinance is a temporary law for urgent need when the House is not sitting.
It must be approved within six weeks of the legislature meeting again.
Later case: in Krishna Kumar Singh v. State of Bihar (2017) a seven-judge bench repeated this view.
Answer: (a) To repromulgate ordinances.
Why each option is right or wrong
- (a) CORRECT. The case dealt with the Governor's power to re-promulgate ordinances.
- (b) Incorrect. Appointment of a Chief Minister is linked with cases such as S. R. Bommai.
- (c) Incorrect. The pardoning power is linked with cases such as Maru Ram and Kehar Singh.
- (d) Incorrect. Salaries of MLAs are fixed by the legislature, not by this case.
Key point
Ordinances: President (Article 123), Governor (Article 213). D. C. Wadhwa (1987): repeated re-promulgation is a fraud on the Constitution. Krishna Kumar Singh (2017): reaffirmed. R. C. Cooper (1970): President's satisfaction can be questioned.
Remember
D. C. Wadhwa (1987): no repeated re-promulgation of ordinances.
Common mistakes
- Mixing up this case with S. R. Bommai, which is about President's Rule.
- Thinking the Governor's ordinance power is under Article 123; that is the President's.
- Believing an ordinance can stay in force for ever if re-issued.
Exam tip
Educated guess: remember the phrase ordinance raj in Bihar. The petitioner Wadhwa wrote a book on re-promulgation of ordinances.
Sources
- D. C. Wadhwa v. State of Bihar (1987) and Krishna Kumar Singh v. State of Bihar (2017), Supreme Court of India
- Constitution of India — Articles 123 and 213