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Section 112: Power to remove difficulties

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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Act 2015
Section 111 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015

Legal Commentary & Landmark Judgments: Section 112

Section 112 of the Act confers power to remove difficulties on the Central Government, authorizing the issuance of administrative orders not inconsistent with the Act to resolve unforeseen transitional or practical impediments within two years.

  • Two-Year Transitional Executive Power: Empowers the Central Government to resolve unexpected operational difficulties arising during the initial implementation of the Act by publishing executive orders in the Official Gazette.
  • Strict Substantive Limitation: Provides that no difficulty-removal order may be issued that is inconsistent with the core legislative object or substantive text of the Act.
  • Mandatory Parliamentary Laying Safeguard: Requires every order issued under Section 112 to be laid before each House of Parliament to ensure legislative supervision.
Key Landmark Precedents:
  • Jalan Trading Co. Pvt. Ltd. v. Mill Mazdoor Sabha AIR 1967 SC 691: Constitution Bench held that Henry VIII clauses (power to remove difficulties) cannot be utilized to alter the essential policy of the statute or usurp legislative functions.
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: Supreme Court affirmed that the power to remove difficulties is confined to resolving unanticipated practical obstacles without amending the legislative framework.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed that executive orders must advance the constitutional and statutory mandate of child protection.
Courtroom Practice & Strategic Litigation Guidance:

Note that the transitional two-year difficulty-removal power under Section 112 lapsed in 2018; substantive changes to juvenile justice procedures must be enacted through formal parliamentary statutory amendments (such as the 2021 JJ Amendment Act).

Section 111 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015