K. Selvaraj Mhc Advt: 22.02.2021: *LAW NOTES* – K. Selvaraj MHC Adv:- *JUDICIAL REVIEW OF ORDINANCES* Ordinances promulgated by the Hon’ble President of India under Article 123 or by the Governor under Article 213 can be invalidated by Courts:

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[2/21, 23:00] K. Selvaraj Mhc Advt: 22.02.2021: *LAW NOTES* – K. Selvaraj MHC Adv:-
*JUDICIAL REVIEW OF ORDINANCES*
Ordinances promulgated by the Hon’ble President of India under Article 123 or by the Governor under Article 213 can be invalidated by Courts:

1) If there is no Legislative Competence (Power to Legislate under the VII Schedule).

[(1993) Supp. (1) SCC 96] (5 Judges)
In the matter of Cauvery Water Disputes Tribunal
Special Reference No. 1 of 1991

2) If it constitutes “usurption by the Executive, the law-making function of the Legislature” by resorting to, as a matter of the usual practice or re-promulgation of Ordinances in a routine manner and thereby keeping Ordinances alive for a long period.

[(2017) 3 SCC 1] (7 Judges)
Krishna Kumar Singh Vs. State of Bihar

[(1998) 8 SCC 725]
Sri Chand Kesara Vs. State of Bihar

[(1987) 1 SCC 378]
Dr. Wadhwa DC Vs. State of Bihar

(To be continued…)
[2/22, 06:55] Sekarreporter1: ☘️