In Indian National Congress (I) v. Institute of Social Welfare (2002), it was argued that section 21 of…
The Court held that "Section 21 of the General Clauses Act has no application where a statutory authority is required to act quasi-judicially". An order that can be modified…
Choose your answer
In Indian National Congress (I) v. Institute of Social Welfare (2002), it was argued that section 21 of the General Clauses Act, 1897 allowed the Election Commission to cancel the registration of a political party it had registered under section 29A of the Representation of the People Act, 1951. What did the Supreme Court hold?
Answer and explanation
Correct answer D
The Court held that "Section 21 of the General Clauses Act has no application where a statutory authority is required to act quasi-judicially". An order that can be modified or rescinded under section 21 must be executive or legislative in nature, and registration under section 29A is quasi-judicial. The Court recognised only limited exceptions, such as registration obtained by fraud.
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