Discussion
Under constitutional jurisprudence in India, repeated re-promulgation of Ordinances without placing them before the Legislature was described by the Supreme Court as a "fraud on the Constitution" in which decision ?
Answer: D
The decision is D.C. Wadhwa v. State of Bihar (1987).
Dr D.C. Wadhwa showed that Bihar had kept many ordinances alive for years by re-promulgating them, without ever placing them before the Legislature, some over a period of more than a decade. A Constitution Bench held that this practice was a fraud on the Constitution and a subversion of the democratic legislative process, and struck down the re-promulgated ordinance.
Krishna Kumar Singh (2017) is the trap: a seven-judge bench reaffirmed and extended the Wadhwa principle, but the phrase originated in Wadhwa. R.C. Cooper is the bank nationalisation case, and Shamsher Singh held that the President and Governors act on ministerial advice.
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