Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws
Section 21 of the General Clauses Act, 1897 deals with power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws. Where, by any [Central Act] or Regulations a power to [issue notifications,] orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any [notifications,] order The Act came into force on 11 Mar 1897.
Where, by any 1[Central Act] or Regulations a power to 2 [issue notifications,] orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any 3[notifications,] orders, rules or bye-laws so 4[issued].
Section 21, The General Clauses Act, 1897 (Act 10 of 1897).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 10
- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act s. 11 Revocation of detention orders
- Goa, Daman and Diu Buildings ( Lease, Rent and Eviction) Control Act s. 59 Repeals and savings
- Goa, Daman and Diu Land Revenue Code s. 201 Repeal
- Jammu and Kashmir Public Safety Act s. 24 Repeal and saving
- Jharkhand Control of Crimes Act s. 23 Revocation of detention orders
- National Security Act s. 14 Revocation of detention orders
- Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act s. 14 Revocation of detention orders
- Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act s. 14 Revocation of detention orders
- Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act s. 12 Revocation of detention orders
- Prevention of Illicit Traffic Narcotic Drugs and Psychotropic Substances Act s. 12 Revocation of detention orders
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Vanashakti vs Union Of India
Court's Decision & Legal Precedent
The prior environmental clearance regime under the 2006 Notification is mandatory and gives expression to the precautionary principle. While breach of this regime attracts civil penalties under Section 15 of the 1986 Act and by necessary implication leads to restoration of status quo ante including closure, demolition, remediation and recovery of costs, the Central Government possesses power under Section 3 of the 1986 Act to issue a narrowly tailored, time-bound, delegated legislation carving an exception to the prior EC requirement in appropriate cases where a supervening public interest justifies controlled continuance subject to stringent appraisal, damage assessment, remediation, compensatory liability and future compliance. Such an exception must satisfy the constitutional tests of reasonable classification under Article 14 and proportionality under Article 21. However, an administrative instruction cannot supplant the 2006 Notification or create a perpetual amnesty regime applicable to all permissible projects without intelligible differentia bearing rational nexus to supervening public interest. The 2017 Notification is valid as such a narrowly tailored exception, but the 2021 Office Memorandum is invalid as it fails the proportionality test by being unlimited in time and class.
On this section: Confers power to amend, vary or rescind notifications issued under any Central Act; applied to uphold validity of 2017 Notification as amendment to 2006 Notification
-
Vanashakti v. Union of India & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Final Order / Judgment 2025-05-02 (order-53.pdf; G.S. Kulkarni & Somasekhar Sundaresan JJ.; get_order_ai_analysis DATE VERIFIED). Bombay HC held the power under GCA s.21 to amend/vary/rescind a notification must be exercised in the same manner and subject to the same conditions and sanctions as the original notification. Where special legislation (FCA / Van Sanrakshan Adhiniyam s.2(1)) mandates prior Central approval for de-reservation, that sanction cannot be bypassed by invoking s.21; otherwise the special Act would be rendered otiose. State’s reliance on s.21 to support the Impugned mangrove de-notification rejected.
On this section: Leading holding that GCA s.21’s amend/rescission power is conditioned by, and cannot override, special-statute sanctions such as FCA/Van Sanrakshan s.2(1) prior approval.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… Setting aside the closure ordered by the Tribunal, this Court declared the 2017 Notification to be a valid statutory notification, issued in the same manner as the notifications of 1994 and 2006.[79]( page-45-0) The power of amendment rests upon Section 21 of the General Clauses Act, 1897, and may be exercised from time to time having regard to the exigency. The instrument struck down in Alembic (supra) was an administrative circular. The instrument before the Court was delegated legislation of the same rank as the notification it amended, and Alembic (supra) was …
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 21
What have the courts held on Section 21 of the General Clauses Act?
Vanashakti vs Union Of India (29 Jul 2026) is the leading judgment on this section among those set out below: Confers power to amend, vary or rescind notifications issued under any Central Act; applied to uphold validity of 2017 Notification as amendment to 2006 Notification. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2025 to 2026.
How do I find court cases under Section 21 of the General Clauses Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: General Clauses Act 21, section 21 General Clauses Act, section 21 of the General Clauses Act. People searching for it also type general clauses act 1897 section 21. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vanashakti vs Union Of India (29 Jul 2026).
What should I read with Section 21 of the General Clauses Act, and has it changed?
10 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Government hereby rescinds the Government Notification No. 10/3/89-RD dated 20-11-1995 (1996).
When did Section 21 of the General Clauses Act come into force?
Section 21 of the General Clauses Act, cited as General Clauses Act 21, came into force on 11 Mar 1897, having been enacted on 11 Mar 1897. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Definitions2735 words
- 23. Provisions applicable to making of rules or bye-laws after previous publication243 words
- 24. Continuation of orders, etc., issued under enactments repealed and re-enacted178 words
- 6. Effect of repeal168 words
- 4. Application of foregoing definitions to previous enactments143 words
- 28. Citation of enactments143 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.