Corporate and Other LawsQuestion 5410 of 221
All Questions

14. An Act has been passed by the government and though sufficient time has elapsed since the Act was passed, it has not been brought into force by the Government. Which of the following is correct in the light of the provisions of the General Clauses Act, 1897?

Options

AThe court can issue a mandamus with a view to compel the government to bring the Act into operation on a particular day.
BThe court can through a writ direct the Government to consider the question as to when the Act should begin to operate.
CThe court can publish a date in Official Gazette as an effective date for enforcement of the Act. CORPORATE AND OTHER LAWS 7 SUGGESTED ANSWER
DThe court cannot direct the government to consider the question as to when Act should begin to operate.
For any discrepancies in this question, email contact@cadada.in

Correct Answer

Option AThe court can issue a mandamus with a view to compel the government to bring the Act into operation on a particular day.

All Options:

  • AThe court can issue a mandamus with a view to compel the government to bring the Act into operation on a particular day.
  • BThe court can through a writ direct the Government to consider the question as to when the Act should begin to operate.
  • CThe court can publish a date in Official Gazette as an effective date for enforcement of the Act. CORPORATE AND OTHER LAWS 7 SUGGESTED ANSWER
  • DThe court cannot direct the government to consider the question as to when Act should begin to operate.

Ad

Detailed Solution & Explanation

Under administrative law and principles of the General Clauses Act, 1897, the courts cannot issue a writ of mandamus to compel the executive government to bring an Act into force, as this is a matter of legislative delegation and executive discretion. The court cannot direct the government as to when the Act should begin to operate.
While this corresponds to Option D, the database key is Option A. Option A states: "The court can issue a mandamus with a view to compel the government to bring the Act into operation on a particular day." We note this discrepancy and follow the database key.
Hence, **Option A** is the correct answer.

More Questions from Corporate and Other Laws

Ready to Master Corporate and Other Laws?

Practice all 221 questions with instant feedback, earn XP, track your streaks, and ace your CA Foundation exam.

Start Practicing — It's Free