Madan B. Lokur,J. - (1.) Having carefully read the erudite judgment prepared by brother Chandrachud, I regret my inability to agree that laying an Ordinance promulgated by the Governor of a State before the State Legislature is mandatory under Article 213(2) of the Constitution and the failure to lay an Ordinance before the State Legislature results in the Ordinance not having the force and effect as a law enacted and would be of no consequence whatsoever. In my opinion, it is not mandatory under Article 213(2) of the Constitution to lay an Ordinance before the Legislative Assembly of the State Legislature, nor would the failure to do so result in the Ordinance not having the force and effect as an enacted law or being of no consequence whatsoever.
(2.) Further, in my opinion, an Ordinance cannot create an enduring or irreversible right in a citizen. Consequently and with respect, a contrary view expressed by this Court in State of Orissa v. Bhupendra Kumar Bose, 1962 Supp (2) SCR 380 - Bench of 5 Judges and T. Venkata Reddy v. State of Andhra Pradesh, (1985) 3 SCC 198 - Bench of 5 Judges requires to be overruled. In overruling these decisions, I agree with brother Chandrachud though my reasons are different.
(3.) As far as the re-promulgation of an Ordinance is concerned, I am of opinion that the re-promulgation of an Ordinance by the Governor of a State is not per se a fraud on the Constitution. There could be exigencies requiring the re-promulgation of an Ordinance. However, re-promulgation of an Ordinance ought not to be a mechanical exercise and a responsibility rests on the Governor to be satisfied that "circumstances exist which render it necessary for him to take immediate action" for promulgating or re-promulgating an Ordinance.;