Question

Which of the following cases held that a constitutional authority cannot do indirectly what it is not permitted to do directly, specifically in the context of repromulgation of ordinances, and considered this practice as a fraud on the Constitution?

• A. Minerva Mills v. Union of India (1980)
• B. DC Wadhwa v. State of Bihar (1986)
• C. Rameshwar Prasad v. Union of India (2006)
• D. Kunhayammed & Ors v. State of Kerala (2000)

Answer 1

Answer: (B)

DC Wadhwa v. State of Bihar (1986)

Answer 2

DC Wadhwa v. State of Bihar (1986) dealt with the issue of the repromulgation of ordinances and held that a constitutional authority cannot do indirectly what it is not permitted to do directly, considering it a fraud on the Constitution.
- This case highlights the principle of separation of powers and limits the misuse of ordinances by the executive.