Section 19 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023
- (1)If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, within a period of five years from the date of commencement of this Act, by order not inconsistent with the provisions of this Act, remove the difficulty.
- (2)Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each House of Parliament.
Summary
- The Central Government has the power to issue an order to resolve any problems that come up when putting the Act into practice.
- This power to remove difficulties can only be used for a period of five years starting from the date the Act begins.
- Any order made to fix a difficulty must be consistent with the other parts of the Act and cannot go against its rules.
- Every order created to remove a difficulty must be presented to both Houses of Parliament as soon as possible after it is made.
Practical examples
FAQ
1. Who is allowed to make orders to remove difficulties?
The Central Government is the authority that can make these orders.
2. Is there a deadline for the government to use this power?
Yes, they can only make such orders within five years from the date the Act comes into force.
3. Can an order change the fundamental rules of the Act?
No, the order must not be inconsistent with the provisions already established in the Act.
4. Does the public or Parliament get to see these orders?
The law requires that every such order must be laid before each House of Parliament as soon as it is made.
Test yourself
Q1.Under Section 19 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023, who has the power to remove difficulties?
Q2.What is the time limit for making an order under Section 19 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023?
Q3.According to Section 19 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023, an order to remove a difficulty must be:
Q4.Under Section 19 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023, what must happen after an order is made?
Q5.Under Section 19 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023, the government removes difficulties by issuing: