Code: Section 112 JJ Act – Power to Remove Difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act.
(2) However, every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Explanation of Section 112 JJ Act
Section 112 of the Juvenile Justice Act, 2015 grants the Central Government the authority to remove practical difficulties in implementing the Act. This section acts as a safeguard mechanism to ensure smooth enforcement of the law.
If a legal or administrative obstacle arises, the Central Government can issue an order to resolve it. However, such an order must align with the purpose and framework of the Act—it cannot contradict the law itself.
Importantly, this power is time-bound. The government can use this provision only within two years of the Act’s commencement. Additionally, all such orders must be presented before both Houses of Parliament, ensuring legislative oversight.
Illustration
Example 1: Implementation Delay Due to Procedural Gaps
Suppose a rule under the Act lacks clarity on the process for appointing Child Welfare Committee members. Within the first two years of the Act, the Central Government can issue an order to clarify the procedure, without waiting for a full legislative amendment.
Example 2: Confusion Over Jurisdiction
If a new district faces issues determining which Juvenile Justice Board should have authority, the Central Government can remove the ambiguity by issuing an order—provided it is consistent with the Act and within the two-year window.
Common Questions and Answers on Section 112 JJ Act
1. What is the purpose of this section?
It allows the Central Government to address any issues that arise while implementing the law.
2. Can the government issue any type of order?
No. The order must not be inconsistent with the provisions of the Act.
3. Is there a deadline for issuing such orders?
Yes. This power can be used only within two years of the Act’s commencement.
4. Are such orders checked by Parliament?
Yes. Every order must be laid before both Houses of Parliament.
5. Can this power change the Act itself?
No. It can only resolve difficulties in implementation, not alter the core provisions of the law.
Conclusion
Section 112 of the Juvenile Justice Act, 2015 serves as a transitional support mechanism, helping the government address real-world difficulties in applying the law. With a clear time limit and legislative accountability, this section balances efficiency with transparency.
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