Home  /  Narcotic Drugs and Psychotropic Substances Act, 1985  /  Section 83

Section 83: Power to remove difficulties

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 82 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985

Legal Commentary & Landmark Judgments: Section 83

Section 83 of the Narcotic Drugs and Psychotropic Substances Act, 1985—which originally enacted a standard transitional 'removal of difficulties' clause (Henry VIII clause) empowering the Central Government to issue administrative orders to resolve practical impasses during the initial implementation of the Act—was formally repealed by the Repealing and Amending Act, 2001 (Act 30 of 2001). Designed with a strict two-year sunset clause restricting its exercise to the immediate aftermath of the Act's 1985 commencement, Section 83 became legally spent once the transition from the repealed colonial statutes to the modern NDPS framework was accomplished.

  • Transitional Henry VIII Removal-of-Difficulties Architecture: Section 83 originally authorized the Central Government, if any difficulty arose in giving effect to the provisions of the Act, to make such order not inconsistent with the provisions of the Act as appeared to it to be necessary or expedient for removing the difficulty.
  • Statutory Two-Year Sunset Limitation: The section contained a strict statutory proviso directing that no such order could be made after the expiry of a period of two years from the commencement of the Act. This temporal limitation prevented executive aggrandizement or open-ended executive modification of primary legislation.
  • Repeal as Spent Legislation by Act 30 of 2001: Because the two-year sunset period expired in 1987, Section 83 became completely functus officio and spent. It was consequently removed from the statute book by the Repealing and Amending Act, 2001 (Act 30 of 2001).
Key Landmark Precedents:
  • Jalan Trading Co. Pvt. Ltd. v. Mill Mazdoor Sabha AIR 1967 SC 691 (Constitution Bench): The Constitution Bench established that removal-of-difficulties clauses cannot be used to alter the substantive scheme, essential policy, or framework of the parent enactment, and must be strictly confined to resolving minor administrative hitches.
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: The Supreme Court held that the power to remove difficulties is not a parallel legislative power to amend the Act; it is strictly a mechanical power to remove practical obstacles in implementing statutory provisions.
Courtroom Practice & Strategic Litigation Guidance:

If an executive department attempts to justify an administrative circular or informal deviation from mandatory NDPS statutory procedures (such as sampling or search protocols) under the guise of 'removing operational difficulties': Object immediately. Point out that Section 83 expired in 1987 and was formally repealed by Act 30 of 2001. Emphasize that the executive possesses no inherent power to alter or relax mandatory statutory procedures enacted by Parliament.

Section 82 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985