Section 77: Rules and notifications to be laid before Parliament

1[Every rule made under this Act by the Central Government and every notification or order issued under clause (viia), clause (xi), clause (xxiiia) of section 2, section 3, section 7A, section 9A and clause (a) of section 27 shall be laid, as soon as may be, after it is made or issued], 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 notification or both Houses agree that the rule or notification should not be made or issued, the rule or the notification 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 notification.

1. Subs. by Act 9 of 2001, s. 40, for certain words, brackets, figures and letter (w.e.f. 2-10-2001).

Simplified Explanation

This section mandates that rules made and certain notifications or orders issued by the Central Government under specific provisions of the Narcotic Drugs and Psychotropic Substances Act must be laid before Parliament. This is done for scrutiny and to ensure that Parliament has the opportunity to review and, if necessary, modify or annul these rules or notifications.

Key Provisions of Section 77:

1. Requirement for Laying Before Parliament:
   • Every rule made under the Act by the Central Government, and certain notifications/orders, must be laid before each House of Parliament as soon as they are made or issued.
   • These rules and notifications should be laid before Parliament for a total period of 30 days. This period may span across one or more consecutive sessions of Parliament.
2. Review and Modification:
   • If, within this 30-day period, both Houses of Parliament agree to modify the rule/notification or annul it altogether, then:
     • The modified rule/notification will continue to have effect only in the modified form.
     • If both Houses agree that the rule/notification should not be issued, it will have no effect from the point of annulment.
3. Retrospective Validity:
   • Any modification or annulment of the rule/notification by Parliament will not affect anything done under the rule/notification before the modification or annulment took place. This ensures that actions taken under the rule or notification remain valid even if the rule is later changed or repealed.

Implications of Section 77:

1. Parliamentary Oversight:
   • This section ensures that the Central Government’s power to make rules and issue notifications is subject to Parliamentary oversight, allowing Parliament to intervene if it deems a rule or notification to be inappropriate, excessive, or unnecessary.
2. Checks and Balances:
   • The provision serves as a check on executive power, providing a mechanism for Parliament to prevent or modify rules or notifications that may have a significant impact on society, especially in sensitive areas like narcotic drugs and psychotropic substances.
3. Transparency and Accountability:
   • By laying rules and notifications before Parliament, this section fosters transparency in the rule-making process and holds the Central Government accountable for its regulatory actions.
4. Continued Validity of Actions:
   • It also ensures that actions taken under a rule or notification that may later be modified or annulled remain valid, protecting the legal integrity of decisions made under those rules before any changes are made.

Example:

• Notification on Controlled Substances: The Central Government might issue a notification that controls the sale or use of certain psychotropic substances. If Parliament, within the next 30 days, reviews this notification and believes it to be too restrictive, it may pass a resolution to modify or annul it. If annulled, any actions taken under that notification before the annulment remain valid.

Conclusion:

Section 77 provides a mechanism for Parliamentary scrutiny of the rules and notifications made by the Central Government under the Narcotic Drugs and Psychotropic Substances Act. This provision ensures that rules and orders have democratic oversight and accountability, and protects actions taken under these regulations from being invalidated retroactively if changes are made.