The expression “Indian law” or “law” is defined in Section 3(29) of the General Clauses Act, 1897, as under:
“(29) “Indian law” shall mean any Act, Ordinance, Regulation, rule, order, bye-law or other instrument which before the commencement of the Constitution had the force of law in any Province of India or part thereof, or thereafter, has the force of law in any Part A State or Part C State or part thereof, but does not include any Act of Parliament of the United Kingdom or any Order in Council, rule or other instrument made under such Act;”
Therefore, rules, orders, bye-laws or other instruments, which are made under the authority of an Act, and which have the force of law, are also covered within the definition / meaning of the word “Indian law”, which means “law” (after independence).
Thus, the correct legal position is that if the rules are statutory rules (i.e., made under the authority of any Act), then such rules are also covered within the meaning / definition of the word “law” or “Indian law” as defined under the General Clauses Act, 1897. Therefore, an order in violation of such rules would also be illegal.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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