An analysis of judicial trend and attitude towards executive legislation (article 123/213) of indian constitution

Author: 
Dharmendra Kumar Singh

This study aims to provide in brief the evolution and the development of Article 123/213 ordinance related provision of Constitution of India. It also puts forward the various governments’ attitude towards ordinance making power since enforcement of the Constitution of India. This paper describes in detail the judicial trend and attitude of the Legislative power of the Executive and also emphasizes on the judicial journey of one of the most controversial articles of the constitution of India. The paper focuses on the disease of re-promulgation of ordinances and gives a critical approach by analysing the various judicial pronouncements. The main feature of this paper is that the recent judgment in Krishna Kumar Singh and Ors. Vs. State of Bihar and Ors is presented in the paper in detail which provides a complete picture of Article 123/213 and re-promulgation of ordinances

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DOI: 
DOI: http://dx.doi.org/10.24327/ijcar.2017.4174.0455
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Volume6