Section 42 of The Airports Economic Regulatory Authority of India Act, 2008
- (1)The Central Government may, from time to time, issue to the Authority such directions as it may think necessary in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality.
- (2)Without prejudice to the foregoing provisions, the Authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time: Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
- (3)The decision of the Central Government whether a question is one of policy or not shall be final.
Summary
- The Central Government can give directions to the Authority to protect India's sovereignty, security, foreign relations, public order, decency, or morality.
- The Authority must follow the written policy directions given by the Central Government.
- Before issuing a policy direction, the Government should try to let the Authority share its views.
- The Central Government gets the final say on whether a matter is a question of policy or not.
Practical examples
FAQ
1. On what grounds can the Central Government issue directions to the Authority?
For the interest of India's sovereignty, security, friendly relations with foreign states, public order, decency, or morality.
2. Is the Authority forced to follow all policy directions?
Yes, the Authority is bound by written directions on questions of policy from the Central Government.
3. Who decides if a directive is a matter of policy?
The Central Government's decision on whether a question is one of policy is final.
Test yourself
Q1.Under Section 42 of The Airports Economic Regulatory Authority of India Act, 2008, which of the following is a valid reason for the Central Government to issue directions?
Q2.Under Section 42 of The Airports Economic Regulatory Authority of India Act, 2008, what procedural step should the Government take before giving a policy direction, as far as practicable?
Q3.According to Section 42 of The Airports Economic Regulatory Authority of India Act, 2008, who has the final say on whether a question is one of policy or not?
Q4.Under Section 42 of The Airports Economic Regulatory Authority of India Act, 2008, what form must policy directions from the Central Government take to bind the Authority?