Implications of Henry VIII Clause in India: A Critique

Abstract

In recent years huge number of Henry VIII clauses have appeared in the Statute book of India resulting in the sudden rise in the exercise of power delegated to the Executive cum-administrative organ by the Legislative organ of the Government and such delegation of power is remarkable change in recent years as it allows another body to remove that discrepancy which is resulting in the ineffectiveness of the main Act. This paper focuses on the operation of various orders passed by the President of India while exercising powers conferred upon him under Article 392 and the operation of various statutory orders passed by the Executive-cum-Administrative to remove the difficulties which results in the failure of object for which an enactment come in force. It focuses upon the historical background and the scope of Henry VIII clause in the Indian context.