Section 21: Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws

Leading cases

• Indian National Congress (I) v. Institute of Social Welfare (2002)The Election Commission, acting quasi-judicially when registering a political party under Section 29A of the Representation of the People Act, 1951, has no power to de-register it for violating the Constitution, save in three narrow exceptions.

Questions on this section

6 questions in 4 of our papers cite Section 21. Try these from the free papers:

1. 1. Consider the following statements about Vanashakti v. Union of India (29 July 2026): 1. The Notification of 14 March 2017 was upheld as narrowly tailored, time-bound delegated legislation traceable to Section 3 of the Environment (Protection) Act, 1986 read with Section 21 of the General Clauses Act, 1897. 2. The Court held that the Central Government has no power to frame any amnesty scheme for projects that began without prior environmental clearance. 3. Environmental clearances already granted under the 2017 Notification or the 2021 Office Memorandum remain valid unless individually challenged in accordance with law. Which of the statements given above is/are correct?

   A.1 and 3 onlyB.1, 2 and 3C.2 and 3 onlyD.1 only
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2. 2. Under Section 21 of the General Clauses Act, 1897, a power conferred by a Central Act to issue notifications, orders, rules or bye-laws includes a power to add to, amend, vary or rescind them, exercisable:

   A.free from the conditions that applied to the exercise of the original powerB.only by the Central Government, whichever authority issued the originalC.in the like manner and subject to the like sanction and conditions, if anyD.only with the prior approval of both Houses of Parliament in every case
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