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Section 83: Removal of difficulties

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

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Act 1996
Section 82 All 87 Sections Schedules (4th, 5th, 7th) Section 84
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Arbitration Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 83

Section 83 of the Arbitration and Conciliation Act, 1996 was a transitional 'removal of difficulties' clause authorizing the Central Government to issue orders to resolve operational problems during the initial two-year implementation period.

  • Removal of Difficulties Power: If any difficulty arises in giving effect to the provisions of this Act, the Central Government may make such order not inconsistent with the provisions of this Act as appears necessary.
  • Two-Year Sunset Clause: Section 83(2): No order shall be made after the expiry of a period of two years from the commencement of this Act.
  • Laying Before Parliament: Every order made under this section was required to be laid before each House of Parliament.
  • Spent Historical Status: A spent provision that expired in August 1998.
Key Landmark Precedents:
  • Madeva Upendra Sinai v. Union of India, (1975) 3 SCC 765: The Constitution Bench established that removal of difficulties clauses cannot be used to rewrite substantive legislative policy.
  • Sundaram Finance Ltd. v. NEPC India Ltd., (1999) 2 SCC 479: Discussed the statutory transition under the 1996 Act.
Courtroom Practice & Strategic Litigation Guidance:

Section 83 is spent and expired; any future modifications to arbitration procedure can only be effected by formal Parliamentary amendment acts (such as the 2015, 2019, and 2021 amendments).

Section 82 All 87 Sections Schedules (4th, 5th, 7th) Section 84