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Section 106: Power to remove difficulties

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
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Act 2019
Section 105 All 107 Sections of Consumer Protection Act Section 107

Legal Commentary & Landmark Judgments: Section 106

Section 106 contains a statutory 'Henry VIII clause' empowering the Central Government to make orders removing difficulties in giving effect to the Act, subject to a strict two-year sunset clause.

  • Administrative Friction Removal Power: Empowers the Central Government to issue orders not inconsistent with the provisions of the Act to remove any practical difficulty arising in its implementation.
  • Substantive Inconsistency Prohibition: Explicitly mandates that no difficulty-removal order shall be inconsistent with the substantive provisions and legislative intent of the Act.
  • Strict Two-Year Sunset Limitation: Subsection (2) strictly prohibits the making of any difficulty-removal order after the expiry of two years from the commencement of the Act.
Key Landmark Precedents:
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: The Supreme Court held that the power to remove difficulties is confined to clearing administrative obstacles and cannot be used to rewrite the statute or introduce substantive modifications.
  • Jalan Trading Co. v. Mill Mazdoor Sabha (1967) 1 SCR 15: The Supreme Court ruled that a Henry VIII clause must not abdicate legislative functions or alter statutory policy; it operates solely as a temporary, curative mechanism for administrative smooth-running.
Courtroom Practice & Strategic Litigation Guidance:

Scrutinize the date of any executive order purporting to resolve implementation difficulties. Any order issued under Section 106 after July 2022 (the expiry of two years from commencement) is ultra vires and void ab initio, and can be challenged immediately in the High Court.

Section 105 All 107 Sections of Consumer Protection Act Section 107