The plea filed by former IPS officer Rajendrakumar Trivedi said that since the CBI director’s tenure is expiring only in May 2023, there seemed to be no circumstance warranting the Central government to promulgate an ordinance granting extension of tenure.
Ordinance making power is not a substitute for regular law making mechanism but is only a power to be exercised under exceptional circumstances to deal with contingencies.
“The promulgation of ordinance of 2021 is a classic case of impermissible legislative overruling and thereby violative of Article 14 and the doctrine of rule of law,” the plea said.
It was also pointed out that Central government chose to promulgate an ordinance despite the fact that winter session was starting in November 2021.
Source: Barandbench
