Section 10 of the The Carriage of Goods by Sea Act 2025 Laying of notification before Parliament
Original Section Text
Visual Summary
Parliamentary Review
All official notices (notifications) must be presented to both Houses of Parliament.
30-Day Period
Parliament has a 30-day window, which can span multiple sessions, to review the notification.
Modify or Annul
Both Houses can agree to change (modify) or cancel (annul) the notification.
Protection of Past Acts
Any changes made by Parliament do not invalidate actions already taken under the original notice.
Executive Summary
This section establishes a crucial democratic check. It requires that any official notice, called a ‘notification’, issued by the Central Government under this Act must be presented to both houses of Parliament. Parliament then has a 30-day period to review it. During this time, they can either approve it, suggest changes (modifications), or cancel it entirely. Importantly, if Parliament does change or cancel the notification, it doesn’t undo any actions that were legally taken based on the original notification before the change was made.
In-Depth Analysis of the Section
Introduction
Section 10 acts as a safeguard, ensuring that the executive branch (the Central Government) remains accountable to the legislative branch (Parliament). While the Act gives the government the power to issue notifications (which are like mini-rules or orders), this section ensures those powers are not used without oversight. It’s a standard feature in many laws to uphold the principles of transparency and democratic governance.
Breakdown of the Provision
Let’s break down the key components in simple terms:
- Laying Before Parliament: Any official notification made under this law must be placed before both the Lok Sabha and the Rajya Sabha as soon as possible after it’s issued. This is not just a formality; it’s the start of a formal review process.
- The 30-Day Review Period: Parliament gets a total of 30 days to scrutinize the notification. This period can happen all in one session or be spread across two or more consecutive sessions. This flexibility ensures there’s enough time for a proper review, even if a session ends.
- Parliament’s Power to Act: If, within the review period, both Houses agree, they can do one of two things: 1) Make changes to the notification, or 2) Decide that the notification should be cancelled altogether. The notification will then only be effective in its modified form or will have no effect at all if cancelled.
- Protection of Prior Actions: This is a critical clause. It states that any modification or cancellation by Parliament is ‘without prejudice to the validity of anything previously done’. This means if a person or company acted according to the notification before Parliament changed it, their actions are still considered legal and valid. It prevents retrospective punishment and ensures stability.
Practical Example
Imagine the Central Government issues a notification under Section 9 to update the rules in the Schedule. The notification is published and immediately comes into effect. A shipping company, following the new rule, changes its bill of lading format. The notification is then presented to Parliament. After 20 days of review, Parliament decides to modify a small part of the notification. From that day forward, everyone must follow the modified rule. However, the shipping company that used the original format for those 20 days did nothing wrong, as their actions were legal at the time.
Conclusion
Section 10 is a cornerstone of legislative oversight. It ensures that any rules or orders made by the government under the authority of this Act are subject to the approval of elected representatives, balancing administrative efficiency with democratic accountability. It allows for necessary changes while protecting the public from the uncertainty of retrospective invalidation.
Related Provisions
The process outlined in Section 10 is directly linked to other sections that grant the government power to issue notifications or orders. Understanding these connections provides a fuller picture of how the Act operates:
- Section 9: Power of Central Government to amend Schedule – This is the most direct link. When the government uses its power under Section 9 to amend the Schedule via notification, that notification must undergo the review process detailed in Section 10.
- Section 8: Power of Central Government to issue directions – If the government issues binding directions through a notification, Section 10 would apply, ensuring Parliament can review these directions.
- Section 11: Power to remove difficulties – This section allows the government to issue orders to resolve implementation issues. Sub-section (2) of Section 11 explicitly states that these orders must also be laid before Parliament, similar to the rule in Section 10.
Learning Aids
Mnemonics
- LAY 30: Remember ‘LAY it before Parliament for 30 days’. This captures the two core ideas: the action (laying the notification) and the timeframe (30 days).
- MAP: **M**odify, **A**nnul, **P**rotect. This helps remember Parliament’s powers (**M**odify, **A**nnul) and the key safeguard (**P**rotect past actions).
Mind Map
Frequently Asked Questions
What exactly is a ‘notification’ in this context?
A notification is an official announcement or order published by the Central Government in the Official Gazette. It’s a tool the government uses to make rules, amendments, or give directions as allowed by the Act, without having to pass a whole new law through Parliament every time.
What happens if Parliament doesn’t do anything within the 30 days?
If the 30-day period (and any subsequent session required to complete it) passes and both Houses have not agreed to modify or annul the notification, it is considered to be accepted and continues to have the force of law as originally issued.
If Parliament cancels a notification, are actions taken under it reversed?
No. The section clearly protects the validity of anything already done based on the notification. For example, if a contract was signed under the rules of the notification before it was cancelled, that contract remains valid. The cancellation only applies from that point forward.
Test Your Knowledge
Quiz: What is the primary purpose of Section 10?
A) To allow the government to make laws without any checks.
B) To ensure parliamentary oversight of government notifications.
C) To specify the fees for carriage of goods by sea.
Show Answer
Correct Answer: B) The section is designed to make sure that any notification issued by the government is reviewed and can be modified or cancelled by Parliament.
Quiz: For how long must a notification be presented to Parliament for review?
A) A total period of 15 days.
B) A total period of 30 days.
C) For the entire duration of one session.
Show Answer
Correct Answer: B) The Act specifies a total review period of thirty days, which can be in one session or spread across successive sessions.
More Quiz
Quiz: What happens if Parliament modifies a notification?
A) The original notification remains in force.
B) The notification is cancelled completely.
C) The notification has effect only in its modified form.
Show Answer
Correct Answer: C) The law states the notification will ‘have effect only in such modified form’.
Quiz: A company follows a new notification for a week. Parliament then cancels it. Is the company’s action during that week illegal?
A) Yes, because the notification was ultimately cancelled.
B) No, because the cancellation does not invalidate things previously done.
C) It depends on the court’s decision.
Show Answer
Correct Answer: B) The section explicitly protects the validity of actions taken before a notification is modified or annulled.