CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Data Governance
Rules prescribing encryption modes under Section 84A are made by the Central Government and placed before Parliament. Both Houses agree that one such rule should not be made. What is the effect under Section 87(3) of the Information Technology Act, 2000?
The rule becomes of no effect, but the annulment does not disturb the validity of anything previously done under it. Section 87(3) allows both Houses to modify a rule or agree it should not be made, and acts done before that remain valid.
- AThe rule becomes void, and everything done under it earlier is also invalid
- BThe rule has effect only if the Central Government re-notifies it within thirty days
- CThe rule continues unchanged because Parliament cannot interfere with rules
- DThe rule becomes of no effect, without prejudice to the validity of anything previously done under itCorrect
Explanation
Section 87(3) provides that if both Houses agree the rule should not be made, it becomes of no effect. Any such annulment is without prejudice to the validity of anything previously done under the rule, so the option voiding earlier acts is wrong.
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