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Section 216: Power to remove difficulties

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 1988
Section 215 All 217 Sections of Motor Vehicles Act Section 217

Legal Commentary & Landmark Judgments: Section 216

Section 216 of the Motor Vehicles Act, 1988 embodies a transitional statutory 'Henry VIII clause' empowering the Central Government to issue executive orders to remove operational difficulties arising during the initial implementation of the Act, subject to strict constitutional boundaries preventing policy alteration.

  • Statutory Power to Remove Operational Difficulties: Section 216(1) authorizes the Central Government to make such provisions or give such directions, not inconsistent with the provisions of the Act, as appear necessary or expedient for the removal of any difficulty in giving effect to the statute.
  • Strict Three-Year Sunset Clause: Section 216(1) proviso imposes a non-extendable statutory limitation prohibiting the issuance of any difficulty-removal order after the expiry of three years from the commencement of the Act.
  • Mandatory Parliamentary Laying Safeguard: Section 216(2) mandates that every order issued under this section must be laid before each House of Parliament as soon as practicable after it is made, preserving legislative scrutiny over executive interventions.
Key Landmark Precedents:
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: The Supreme Court delivered the definitive ruling on 'Henry VIII clauses', holding that the power to remove difficulties is strictly confined to removing operational snags or transitional friction; the executive cannot, under the guise of removing difficulties, alter the essential legislative policy, expand statutory definitions, or amend the parent Act.
  • Palanisamy v. State of T.N. (2012) 4 SCC 341: The Supreme Court reiterated that difficulty-removal powers must strictly conform to the statutory purpose; an order that modifies the substantive rights or creates new liabilities beyond the statutory boundary is ultra vires and unconstitutional.
Courtroom Practice & Strategic Litigation Guidance:

If the executive attempts to issue administrative circulars or difficulty-removal orders under Section 216 that dilute substantive statutory protections (such as third-party compensation rights or driver licensing standards), challenge such orders on the ground that the executive has exceeded its narrow transitional mandate under the Madeva Upendra Sinai doctrine.

Section 215 All 217 Sections of Motor Vehicles Act Section 217