Asserting that the ordinance making power is not a parallel source of legislation, the Supreme Court on January 2, 2017 ruled that re-promulgation of ordinances is a fraud on the Constitution and maintained that ordinances are not immune from judicial scrutiny when the “power has been exercised to secure an oblique purpose.”
The court was ruling on a bunch of petitions on the validity of ordinances issued and re-promulgated in Bihar between 1989-91, that have been referred to the larger bench.
The Court’s Observations
