Registered independent director Past Ch
8229 Points
Posted on 17 June 2014
We should understand overview of law making process.
- Constitution empowers Parliament to make laws in the form of Acts. Act cannot go beyond Constitution.
- Acts normally provide that the Govt. will have power to make Rules under the Act which ususally deall with procedural aspects & provide forms etc. Rules cannot go beyond the Act.
- Acts also provide that the Government will have power to issue notification for various matters (e.g. prescribing date when the Act will come into force or form some Committee etc.)
- Some Acts also provide for issue of Order by the Govt. For example, Companies Act 2013 provides for issue of Removal of Difficulties Orders during initial period of 5 years of implementation.
All the above form part of law of the land. Constitutional validity of the same can be challenged in a High Court or Supreme Court. Court has power to strike down that provision if it is found to be unconstitutional.
Circulars are issued by the Govt. for clarification purpose only and are not binding on the stakeholders. Courts have held that in many cases that the Govt. is bound by its own circulars but the stakeholder can always challenge the same in court.