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…

CA Intermediate · Corporate and Other Laws · PYQS · September 2024
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?
(A) (A) The court can issue a mandamus with a view to compel the government to bring the Act into operation on a particular day.
(B) (B) The court can through a writ direct the Government to consider the question as to when the Act should begin to operate.
(C) (C) The court can publish a date in Official Gazette as an effective date for enforcement of the Act.
(D) (D) The court cannot direct the government to consider the question as to when Act should begin to operate.

Suggested Answer and Working Notes:

Correct Answer: Option (B)

(B) The court can through a writ direct the Government to consider the question as to when the Act should begin to operate.

Topics: The General Clauses Act, 1897

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