Ordinance Making Provisions and Powers
Constitutional Provisions
- Article 123 grants the President the authority to issue ordinances during Parliament’s recess.
- Article 213 states that the Governor of the state may issue ordinances when the state legislative assembly is not in session.
- Judicial Pronouncements
- In the Kesavananda Bharati vs. State of Kerala case 1973, the Supreme Court listed the separation of powers as a “basic feature” of the Constitution.
- It was argued in DC Wadhwa vs. the State of Bihar (1987), that the legislative power of the executive to promulgate ordinances is to be used in exceptional circumstances and not as a substitute for the law-making power of the ....
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