Section 10A of The Jallianwala Bagh National Memorial Act, 1951
1[10A. Rules and regulations to be laid before Parliament.--Every rule or regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]
Summary
- Every rule or regulation created under this Act must be presented to both Houses of Parliament.
- This presentation must happen as soon as possible after the rule or regulation is made, and while Parliament is in session.
- The rule or regulation must be placed before Parliament for a total of thirty days, which can span one session or multiple successive sessions.
- If both Houses of Parliament agree to change or cancel the rule or regulation before the end of the next session, the change or cancellation takes effect.
- Any change or cancellation made by Parliament does not affect the validity of anything that was already done under that rule or regulation before the change occurred.
Practical examples
FAQ
1. What does it mean to lay a rule or regulation before Parliament?
It means the government or Trustees must officially present the newly made rules or regulations to both the Lok Sabha and the Rajya Sabha, the two houses of India's Parliament, so they can review them.
2. How long do the rules or regulations have to be presented to Parliament?
They must be presented for a total of thirty days. This period can be completed within a single session of Parliament, or it can be spread across two or more back to back sessions.
3. What happens if Parliament wants to change or cancel a rule?
If both houses agree to modify the rule or agree that it should not be made at all, the rule will only work in its modified form or will have no effect. This agreement must happen before the session immediately following the session or sessions in which the rule was presented ends.
4. If Parliament cancels a rule, does it undo things that were already done under that rule?
No, any change or cancellation made by Parliament will not affect the validity, which means the legal status, of anything that was already done under that rule or regulation before the change or cancellation took place.
Test yourself
Q1.For how many total days must a rule or regulation be laid before Parliament?
Q2.How can the thirty day requirement for laying rules before Parliament be met?
Q3.What is required for a rule or regulation to be modified or cancelled by Parliament?
Q4.By when must Parliament make a modification or annulment of a rule?
Q5.If Parliament modifies or cancels a rule, what happens to actions already taken under that rule?