30 March 2023
I general clauses act it is said that the date of enactment of act is the date mentioned in the act or the date of notification in the official gazette. if no such specific date then the date of assent of president of India. I have a doubt that do all laws need to be notified in the official gazette. if so why is date of assent of president is also considered
06 July 2024
In Indian legislative practice, not all laws need to be notified in the official gazette. However, the date of assent of the President of India holds significance because it marks the formal approval or enactment of the law. Here’s a breakdown of how these dates are understood:
1. **Date of Assent by the President**: When a bill is passed by both houses of Parliament (Lok Sabha and Rajya Sabha), it is sent to the President for assent. The President’s assent signifies the final approval of the bill and is a constitutional requirement for it to become law.
2. **Date of Notification in Official Gazette**: Once the President assents to a bill, it is typically published in the Official Gazette of India. This publication is important because it makes the law public and officially operational. The date mentioned in the gazette notification is usually considered the effective date from which the provisions of the law come into force.
3. **General Clauses Act**: According to the General Clauses Act, if a specific date of enactment or notification is not provided in the text of the law itself, the date of assent by the President is considered the effective date. This is a default provision to ensure clarity when laws do not specify their enactment or operational dates.
Therefore, while many laws are indeed notified in the official gazette to specify their operational commencement, the date of assent by the President is crucial in cases where the law does not specify a different effective date. It ensures that there is a clear starting point from which the legal provisions of the enacted law take effect.
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