# Coming into Operation of Enactment [Section 5]

## The Two Scenarios

### Scenario 1: Specific date prescribed in Official Gazette

→ Act comes into force from such specified date

### Scenario 2: No specific date mentioned

→ Act comes into force on the date it receives:

Assent of the President (for Acts of Parliament), OR
Assent of the Governor General (for Central Acts made before the Constitution commenced)

## Important Notes

### (i) Court's power to issue mandamus

If an Act empowers the government to bring provisions into operation on any day it deems fit:

Court cannot issue mandamus ordering government to bring it into force on a particular day
BUT if sufficient time has elapsed without enforcement, court can issue a writ directing government to consider when it should operate

### (ii) No fractions of a day

Law takes no cognizance of fractions of a day.

Example: If Act comes into force on 1st January → it is in force as soon as the clock strikes 12 on the night of 31st December.

### (iii) Prospective operation

All laws operate prospectively by default
There is a presumption against retrospectivity
Retrospective effect requires either:
Express words giving retrospective effect, OR
Language that clearly intends retrospective operation

Worked example

### Example 1

ANC Act notification: ANC Act was issued by notification dated 14th May 2024 'with effect from 1st April 2025'. Since a specific date of enforcement is prescribed in the Official Gazette, the Act comes into force from 1st April 2025 — NOT from 14th May 2024 (the date of notification).

⚠️ Common exam mistakes

Assuming an Act comes into force on the date of Gazette notification when a specific later date is mentioned
Believing the court can force the government to notify a particular enforcement date via mandamus
Applying laws retrospectively without express words or clear legislative intent
Ignoring the 'no fractions of a day' rule and assuming enforcement starts mid-day

Reference: Section 5 — The General Clauses Act, 1897

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