Relating to ordinances have always raised concerns about the violation of the spirit of Constitution which embodies national sovereignty and Justifying the power to promulgate, analyse whether the division of SC on the issue has further obfuscated presenting the power. Should power to promulgate ordinance be disputed?

President under Article 123 and Governors under Article 213 can promulgate ordinance. Rationale for this power: Justification: (1) Legislature not in session: This power is used during recess of legislatures to fulfill some immediate and urgent need. (2) During CoVID-S: Recent example of Covid-19 when parliament could not hold sessions, the promulgating power ensured that necessary laws to deal with situations got framed. Supreme Court has given many judgements regarding Use and misuse of this Power. Important judgements: (1) R.C Copper Case(1970): President's satisfaction about immediate need of ordinance is subject to judicial review on ground of being blatant. (2) D.C Wadhwa Case (1987): a Bishai government kept repromulgating the same ordinance for 256 times. SC said this as unconstitutional. Excessive repromulgation without laying it before legislature is ultra vires. b Ordinance is not a substitute to powers of legislature.