#साधारण खण्ड अधिनियम, 1897 के अन्तर्गत केन्द्रीय सरकार Central Government under the General Clauses Act, 1897:
केन्द्रीय सरकार Central Government
The term "Central Government" under the General
Clauses Act, 1897 plays an important role in the interpretation of statutes in
India. The General Clauses Act, 1897 is a key legislation used to define terms
and provide guidance on the interpretation of other statutes. Section 3(8) of
the Act specifically deals with the term "Central Government." Here’s
a pointwise explanation of its role in the interpretation of statutes:
1. Definition of Central Government (Section 3(8) of the
General Clauses Act, 1897)
• Explanation:
According to Section 3(8), the term "Central Government" is defined
to mean the Government of India.
• Implication:
This definition ensures consistency in statutes, as it clarifies that whenever
"Central Government" is mentioned, it refers to the Government of
India, which exercises executive powers under the Constitution.
2. Interpretation for Legislative and Administrative
Purposes
• Explanation:
The term "Central Government" is used in several laws and regulations
for delegating powers or responsibilities related to governance and
administration.
• Implication:
For the effective implementation of laws, the interpretation of the term helps
determine which authority (whether the central or state government) is
responsible for actions or regulations.
3. In the Context of Delegated Legislation
• Explanation:
The Central Government, as per the Act, has the power to make rules and
regulations under various laws.
• Implication:
When a statute grants authority to the "Central Government," it
enables the Government of India to frame detailed rules and regulations
necessary for implementing the law.
4. Jurisdiction of the Central Government
• Explanation:
The term "Central Government" includes both the President of India
and the Ministries/Departments of the Government of India.
• Implication:
This means that the Government of India, through its various ministries or
departments, may act under the powers delegated by Parliament in the context of
a specific law.
5. Appointment of Officers by the Central Government
• Explanation:
The term also refers to the authority responsible for appointing officers and
officials for executing laws or statutes at the central level.
• Implication:
If a statute mentions the "Central Government" in relation to the
appointment of officials, it refers to appointments made by the Government of
India.
6. Role in Statutory Interpretation
• Explanation:
In case of ambiguity in any statute or legal provision, the definition of
"Central Government" helps courts and authorities understand who
holds executive power or administrative responsibility for enforcing the law.
• Implication:
This clarification ensures that judicial interpretations remain consistent,
reducing confusion over the responsible authority for enforcement or
administration.
7. Interaction with State Government
• Explanation:
The General Clauses Act, by defining "Central Government," also
establishes the distinction between the central and state levels of governance.
• Implication:
In cases where laws refer to both Central and State Governments, the courts
rely on this definition to allocate responsibility and jurisdiction between the
two.
8. Context in the Distribution of Powers
• Explanation:
The term helps in interpreting how laws and policies are distributed between
the central and state governments, as per the Constitution of India.
• Implication:
This distinction is crucial for understanding the scope of powers and duties of
the Central Government in relation to the states.
Conclusion:
The definition of "Central Government" under the
General Clauses Act, 1897 is essential for the interpretation of statutes in
India, ensuring that the intent behind the enactment of laws is properly
understood, particularly when it comes to the delegation of powers,
jurisdiction, and administrative responsibilities. It provides clarity on the
authority responsible for executing the provisions of various laws and supports
the separation of powers between central and state authorities.
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