Section 70 – Power to remove difficulties – Juvenile Justice (Care And Protection Of Children)

Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act.

(2) However, order made under the section shall be laid, as soon as may be after it is made, before each House of Parliament.

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Comment:

Section 70 is the last section of the Act which confers powers on the Central Government to remove difficulties arising in the operation of this Act within first two years from the commencement of the Act.

The Central Government may pass necessary orders to remove these difficulties. But such orders must be laid before the House of Parliament at the earliest.

The Supreme Court in Pratap Singh v. State of Jharkhand held that Model Rules framed by Central Government could not be treated as part of the J.J. Act, 2000, because the Central Government had not been authorised to make any rules. Therefore, the Central Government obviously could not exercise such power by resorting to its power “to remove difficulties”. Although the power to remove doubt or difficulty is a statutory power but the same is not akin to a legislative power.