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Supreme Court of India 2017-01-02 partly_allowed

Krishna Kumar Singh & Anr vs State of Bihar & Ors

Bench: 7 — Madan B. Lokur, T.S. Thakur, D.Y. Chandrachud

In Brief

A seven-judge Constitution Bench addressed the validity of eight successive Ordinances promulgated by the Governor of Bihar (1989–1992) taking over 429 private Sanskrit schools. None were placed before the State Legislature. The Court held that re-promulgation of Ordinances without legislative placement violates Article 213 and constitutes fraud on the Constitution. Laying an Ordinance before the Legislature is mandatory, not directory. The Court overruled prior decisions recognizing "enduring rights" surviving Ordinance expiry—ordinances cannot create permanent rights. The Governor's satisfaction is subject to judicial review for abuse or fraud. All eight Ordinances were declared unconstitutional, but employees retained salaries already paid, reflecting moulding of relief in public interest. The judgment reaffirms parliamentary supremacy over executive ordinance-making power.

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Constitutional Law Ordinances Separation of Powers Legislative Supremacy Executive Power Judicial Review State Legislature Article 213 Presidential/Gubernatorial Satisfaction Fraud on Constitution

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