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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

A Central Act made after the Constitution commenced is silent on its commencement. Which statement correctly reflects Section 5 of the General Clauses Act, 1897?

Such an Act operates from the day of the President's assent, and under Section 5(3) it is construed as operating immediately on the expiration of the preceding day unless a contrary intention is expressed. Governor-General's assent concerns only pre-Constitution Acts.

  1. AIt operates from the date of assent, and the Governor-General's assent is required for Acts of Parliament
  2. BIt operates from assent by the President, and the operation is treated as starting immediately on expiry of the preceding day unless the contrary is expressedCorrect
  3. CIt operates only after it is notified by the Central Government in the Gazette
  4. DIt operates from the date of assent, but only from the end of that day

Explanation

Section 5(1)(b) fixes the day of the President's assent for an Act of Parliament. Section 5(3) adds that, unless the contrary is expressed, operation is treated as starting immediately on the expiration of the preceding day. The Governor-General applies only to pre-Constitution Acts, and no Gazette notification is needed under this rule.

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