Section 461: Annual report by Central Government

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 2013
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Legal Commentary & Landmark Judgments: Section 461

Section 461 mandates the Central Government to prepare and lay before both Houses of Parliament a comprehensive annual report on the working and administration of the Companies Act, 2013.

  • Mandatory Legislative Reporting: Imposes an affirmative statutory obligation on the Central Government to compile an annual administrative report.
  • Comprehensive Operational Scope: Encompasses statistics on company incorporations, strike-offs, prosecutions, inspections, liquidations, and financial solvency trends across India.
  • Tabling before Parliament: Requires the complete annual report to be laid before both the Lok Sabha and Rajya Sabha within one year from the close of the financial year to which the report relates.
Key Landmark Precedents:
  • Common Cause v. Union of India, (1996) 1 SCC 753: Reaffirmed the constitutional significance of statutory annual reports laid before Parliament as indispensable instruments of democratic oversight and executive accountability.
  • State of Himachal Pradesh v. Umed Ram Sharma, (1986) 2 SCC 68: Emphasized that statutory mandates requiring reports to be placed before the legislature ensure transparency in statutory administration.
  • Ramdas Athawale v. Union of India, (2010) 4 SCC 1: Affirmed the constitutional conventions and statutory requirements governing the presentation of executive reports before Parliament.
Courtroom Practice & Strategic Litigation Guidance:

Corporate practitioners formulating constitutional challenges to discriminatory enforcement policies or arbitrary strike-off drives under Section 248 can cite official data published in the Section 461 Annual Report as authenticated executive admissions before High Courts.