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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

The Supreme Court held that the seven successive re-promulgations of Bihar's Sanskrit Schools Ordinance from 1989-1992 constituted a fraud on the Constitution. Since none were laid before the legislature as required by Article 213, they lacked legal validity and created no enforceable rights. The Court overruled the "enduring rights" doctrine from prior decisions, holding that rights created under ordinances do not survive after the ordinance ceases to operate, unless constitutional necessity justifies continuation. However, the Court granted relief by directing that no salary recoveries be made from teachers who relied on the ordinances. The judgment reaffirmed that parliamentary supremacy requires strict limits on ordinance-making powers, with re-promulgation constituting a colourable exercise of executive authority."

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Constitutional Law Ordinances Legislative Power Separation of Powers Executive Authority Parliamentary Supremacy Re-promulgation of Ordinances Administrative Law

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