Common Cause vs. Union of India (UOI) and Ors.
Topic : Operation of law
Provisions : Section 5 of the General Clauses Act, 1897
Citation : MANU/SC/0799/2003, 2003 INSC 534
Court : Supreme Court
Date of Decision : 08.10.2003
Facts
Traders and tenants demanded changes in provisions of the Delhi Rent Act, 1995 (Act), formulated by the Central Government related to deemed rent registration of tenancies, inheritability of tenancies, eviction, etc. and sent to the States to enable them to make necessary amendments to the prevalent rent control laws in the States. The Central Government did not notify the date, appellant filed writ petition in the High Court of Delhi seeking a writ or order in the nature of mandamus directing the Union of India to issue a notification in the Official Gazette notifying the date on which the said Act shall come into force in its present form.
Key Takeaways for Students
Legal Issue
Whether the Act comes into operation on the date it received assent by the President or be amended in the light of the representations received?
Holding
When any Central Act is not expressed to come into operation on a particular day, it shall come into operation on the day it receives the assent of the President. Thus, if a Central Act is assented to by the President on 23.8.1995 then it would be construed to have come into operation on midnight between 22nd and 23rd August 1995. It would not apply to cases where the legislature has delegated the power to the executive to bring into force the Act from a date to be notified by publication in the Official Gazette.
Final Decision Appeal Dismissed
Ratio
If an Act does not specify a day for coming into operation, it will come into effect on the day it receives the assent of the President.