D.C. Wadhwa v State of Bihar
Supreme Court of IndiaAIR 1987 SC 579Bench: Bhagwati CJ, Venkataramaiah J, Misra J
Repromulgation of ordinances without placing them before the Legislature is a fraud on the Constitution. The ordinance-making power under Article 123/213 is an emergency power to be used when the Legislature is not in session, not as an alternative legislative procedure. A state cannot perpetuate an ordinance by re-promulgating it session after session.