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Section 30: Power to remove difficulties

Right to Information Act, 2005 • Official Statutory Text & Practice Guide

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Legal Commentary & Landmark Judgments: Section 30

Section 30 incorporates a classic Henry VIII clause empowering the Central Government to issue executive orders to remove unforeseen operational difficulties arising in giving effect to the provisions of the Act, subject to an absolute two-year sunset clause.

  • Time-Bound Executive Power to Remove Difficulties under Section 30(1): If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of the Act as appear necessary or expedient for removing the difficulty.
  • Absolute Two-Year Sunset Clause under Section 30(1) Proviso: The proviso enacts a strict statutory guillotine: 'no such order shall be made after the expiry of a period of two years from the commencement of this Act', terminating the executive's removal of difficulties power on October 12, 2007.
  • Mandatory Parliamentary Laying under Section 30(2): Every order made under Section 30 was required to be laid, as soon as may be after it was made, before each House of Parliament, preserving legislative supremacy.
Key Landmark Precedents:
  • Jalan Trading Co. (P) Ltd. v. Mill Mazdoor Sabha (AIR 1967 SC 691): A Constitution Bench of the Supreme Court held that Henry VIII clauses ('removal of difficulties' powers) are permissible only to iron out minor operational creases in initial implementation, and cannot be used by the executive to modify the essential policies or substantive features of an enactment.
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: The Supreme Court established that the power to remove difficulties does not encompass the power to introduce substantive amendments or create new legal obligations not contemplated by the parent statute.
  • Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal (2020) 5 SCC 481: The Constitution Bench reiterated that after the expiry of the statutory sunset period under Section 30, substantive modifications to the RTI framework can only be enacted by Parliament through plenary legislation, not executive decrees.
Courtroom Practice & Strategic Litigation Guidance:

If an administrative department or public authority cites an executive circular, office memorandum, or clarification issued after October 12, 2007 to curtail information disclosure or create new procedural barriers, challenge the circular as ultra vires. Emphasize that the Central Government's difficulty-removal power under Section 30 expired permanently on October 12, 2007, and executive circulars cannot amend or dilute statutory mandates.

Section 29 All 31 Sections of Right to Information Act, 2005 Section 31