Repromulgation of ordinances "fraud" on the Constitution: SC

NEW DELHI: Samanwaya.Rautray@timesgroup.com New Delhi: The Supreme Court on Monday said that repromulgation of an ordinance was a fraud on the Constitution as it was never meant to be an independent source of law.

The court’s ruling is expected to have a salutary effect on the Centre and states, who have opted for ordinance route citing lack of legislative time or delay in the process. In recent times, the central government has repromulgated ordinances on the Enemy Property a n d L a n d Acquisition.

In a majority verdict, a seven-judge bench of the Supreme Court led by outgoing CJI TS Thakur said repeated promulgation of an ordinance was a fraud on the Constitution and would be open to judicial review. It said the constitutional authorities such as the President and governors must not repromulgate ordinances mechanically. “They must apply their mind — on public interest and the constitutional necessity of repromulgating the ordinance.”