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The Constitution Bench of the Supreme Court, in Krishna Kumar Singh’s case, has reiterated the principle that re-promulgation of ordinances is a fraud on the Constitution and a subversion of the democratic legislative processes.
The reason for this dictum is that re-promulgation represents an effort to overreach the legislative process which is the primary source of law-making in a parliamentary democracy.
The Enemy Property (Amendment and Validation) Ordinance:
Section 8A (1) empowers the custodian to dispose of “enemy properties” whether by sale or otherwise notwithstanding any judgment, decree or order of any court, tribunal or authority.
Re-promulgation vs. parliamentary supremacy:
How the judgements are being nullified?
Does re-promulgation goes along with the vision of founding fathers?
Way Ahead:
By: Ziyaur Rahman ProfileResourcesReport error
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