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Supreme Court Judgment- Krishna Kumar Singh & Anr vs. State of Bihar & Ors

Supreme Court Judgment- Krishna Kumar Singh & Anr vs. State of Bihar & Ors

Supreme Court Judgment- Krishna Kumar Singh & Anr vs. State of Bihar & Ors

Supreme Court Judgment-  KRISHNA KUMAR SINGH & Anr VS. STATE OF BIHAR & Ors on January 2, 2017

 

A bench of 7 judges of the Hon’ble Supreme Court held that re-promulgation of the ordinance is a fraud on the Constitution.

An ordinance is an order that is passed by the Union executive is an emergent situation, where the two houses of the Parliament are not a party to such an order because they are not in session. In other words, an ordinance is different from a legislation, wherein the latter requires due sanction from both houses of the Parliament. Article 123 of the Constitution gives power to the President of India and Article 213 to the Governor of any state to issue an ordinance when the Parliament is not in session. An ordinance is said to have the same legal effects as that of a legislation.

 

FACTS OF THE CASE :

The appeal arises from a group of petitioners who were serving as teaching and non-teaching staff at Sanskrit schools in Bihar, aggrieved by the decision of the High Court Bench of Patna.

These Sanskrit schools were originally private schools under the Bihar Sanskrit Shiksha Board (hereinafter referred to as BSSB), funded by grants-in-aid received from the State Government of Bihar. The grants would be collectively given to BSSB, which then would allocate the same among these schools to meet their capital and routine operating expenses, including emoluments in accordance with the manner established by the Government.

However, Ordinance 32 of 1989 enabled the management and control of these schools to be taken over by the Bihar Government. This ordinance rendered all assets, resources and staff to be transferred to the control of Bihar Government.

The staff members claimed to be reimbursed in the manner of every other government servant under the Bihar Government, on account of their schools being taken over. In turn, it was decided by the government that they would lay off the staff in excess of the requirement, or those not meeting the minimum or adequate qualification criteria.

A series of promulgations of ordinances took place during this period. In response to the appeal of the staff of the Sanskrit schools, the High Court held that they would only hold government servant status and receive salaries and emoluments as government servants from 16/12/1989 – 30/4/1992, the date on which the last ordinance would lapse.

 

ISSUES OF THE CASE :

This case primarily deals with aggrieved staff members of the Sanskrit schools of Bihar, who were denied the government servant status post the lapse of the last ordinance on 30/4/1992. The issues associated with this case were as under:

 

JUDGMENTS DELIVERED IN THE CASE:

It was held by the Hon’ble Supreme Court that ordinances are not immune to judiciary. Ordinances declared are subject to the approval of the Court, in order to prevent the abuse of power.

 

In India, since the Supreme Court is the paramount decision-maker, this development leads to the exercise of power in a truly democratic manner and not misuse of power in an autocratic pattern.

 

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