Section 12 of The Protection of Interests in Aircraft Objects Act 2025 Removal of difficulties
Original Section Text
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Visual Summary
Problem-Solving Power
The government can issue orders to fix problems in applying the Act.
Consistency Check
Any orders issued cannot contradict the original provisions of the Act.
Three-Year Limit
This special power is only available for three years after the Act begins.
Parliamentary Review
All orders must be presented to both Houses of Parliament for oversight.
Executive Summary
Section 12 acts as a practical ‘fix-it’ tool for the government. It grants the Central Government the temporary power, for up to three years from the Act’s start date, to issue orders to resolve any unexpected problems or ambiguities that arise when implementing the law. Crucially, these orders cannot change the Act’s fundamental rules. To ensure accountability, every order must be published and presented to Parliament for review.
In-Depth Analysis of the Section
Introduction
When a new law is passed, it’s impossible to predict every single real-world scenario it will encounter. Section 12, often called a ‘removal of difficulties’ clause, is a standard legislative feature that provides a safety net. It gives the executive branch (the Central Government) a limited and supervised power to smooth out any wrinkles in the initial implementation of the Act without having to go through the lengthy process of amending the law itself.
Breakdown of the Section
This section is divided into two main parts:
- Sub-section (1): The Power to Issue Orders. This part establishes the core power. If a genuine ‘difficulty’ arises in applying the Act, the Central Government can step in. It can issue an order, published in the Official Gazette (the government’s official journal), to clarify the situation or provide a solution. The most important restriction is that this order cannot be ‘inconsistent with the provisions of this Act.’ This means the government can clarify rules, but it cannot create new ones or contradict existing ones.
- Proviso to Sub-section (1): The Time Limit. This power is not permanent. The ‘proviso’ (a condition) states that no such order can be made after three years from the Act’s commencement. This ensures that the clause is only used for teething problems during the initial rollout period.
- Sub-section (2): Parliamentary Oversight. This is the accountability mechanism. Every order issued under this section must be ‘laid before each House of Parliament.’ This allows elected representatives to review the government’s actions, ensuring that the power is not misused and remains transparent.
Practical Example
Imagine that after the Act is implemented, a new digital registration process for aircraft objects is introduced by an international body. The Act’s text might not explicitly mention how to handle these new digital records. This could create a ‘difficulty’ in applying the law. Under Section 12, the Central Government could issue an order clarifying that these specific digital records are valid for the purposes of the Act. This order would solve the immediate problem, would be consistent with the Act’s goal of protecting interests, would only be possible within the first three years, and would be reviewed by Parliament.
Conclusion
Section 12 is a pragmatic and necessary provision. It provides the flexibility to address unforeseen implementation challenges quickly and efficiently, while its built-in limitations—the consistency requirement, the three-year time limit, and parliamentary review—ensure that this power is exercised responsibly and doesn’t undermine the legislative authority of Parliament.
Related Provisions
Understanding Section 12 is enhanced by looking at other sections that grant powers to the Central Government. The following provisions are particularly relevant:
- Section 10: Power of Central Government to make rules – This section gives the government the power to create detailed rules for the day-to-day functioning of the Act, which is a broader and more permanent power than the temporary problem-solving ability in Section 12.
- Section 11: Power of Central Government in respect of declarations – This grants the government the authority to make, amend, or withdraw declarations under the international Convention and Protocol, which directly impacts how the Act applies in India.
- Section 3: Application of Convention and Protocol in India – Section 12 exists to remove difficulties in implementing the Act, and Section 3 is the core provision that states the Act’s purpose is to give legal force to the Convention and Protocol in India.
Learning Aids
Mnemonics
- FIX: Remember the purpose of the section as a way to Fix Implementation X-factors (unknowns).
- TOP: Remember the key constraints: Three-year limit, Orders published, Parliamentary review.
Process Flowchart
Frequently Asked Questions
Can the government use Section 12 to change the main rules of the Act?
No, absolutely not. The section explicitly states that any order made must be ‘not inconsistent with the provisions of this Act’. This means the government can only clarify or supplement the existing law to make it work better, not alter its fundamental principles or contradict what Parliament has enacted.
Is this ‘removal of difficulties’ power permanent?
No, it is a temporary power. The law provides a strict deadline: the government cannot issue any such orders after three years have passed from the date the Act officially commenced. It is designed only to handle initial implementation challenges.
What happens after the government issues an order under this section?
The order must be published in the Official Gazette to become public knowledge. Following that, it must be presented to both Houses of Parliament (the Lok Sabha and the Rajya Sabha). This ensures that the legislature can review the executive’s actions and maintain oversight.
Test Your Knowledge
Quiz: For how long can the Central Government use the power to remove difficulties under Section 12?
A) For one year from the Act’s commencement.
B) For three years from the Act’s commencement.
C) Indefinitely, as long as difficulties arise.
Show Answer
Correct Answer: B) The proviso to sub-section (1) clearly states that no order shall be made after the expiry of a period of three years from the date of commencement of the Act.
Quiz: What is a key limitation on any order issued under Section 12?
A) It must be approved by the President before publication.
B) It cannot be inconsistent with the provisions of the Act.
C) It can only deal with financial difficulties.
Show Answer
Correct Answer: B) Sub-section (1) specifies that any provisions made must be ‘not inconsistent with the provisions of this Act’, which is the primary check on this power.
More Quiz
Quiz: Who reviews the orders made by the Central Government under this section?
A) The Supreme Court of India.
B) The Directorate General of Civil Aviation.
C) Each House of Parliament.
Show Answer
Correct Answer: C) Sub-section (2) mandates that every order made under this section must be laid before each House of Parliament, ensuring legislative oversight.
Quiz: The purpose of Section 12 is to:
A) Allow the government to create new laws without Parliament.
B) Provide a flexible way to handle unforeseen problems during the Act’s initial implementation.
C) Define the penalties for violating the Act.
Show Answer
Correct Answer: B) The section is specifically designed as a tool for ‘removing the difficulty’ that may arise ‘in giving effect to the provisions of this Act’.