Definition of 'Central Act' [Section 3(7)]

# Definition of 'Central Act' — Section 3(7)

## Statutory Definition

> Section 3(7): 'Central Act' shall mean an Act of Parliament, and shall include —

> (a) An Act of the Dominion Legislature or of the Indian Legislature passed before the commencement of the Constitution, and

> (b) An Act made before such commencement by the Governor General in Council or the Governor General, acting in a legislative capacity.

## Three Categories of Central Acts

### Category 1: Acts of Parliament (Post-Constitution)

• Acts passed by Parliament of India
• From 26th January, 1950 onwards
• Example: Companies Act, 2013; CGST Act, 2017

### Category 2: Pre-Constitution Legislative Acts

• Acts of the Dominion Legislature OR Indian Legislature
• Passed between 15th August, 1947 and 26th January, 1950
• This is the transitional period after Independence but before the Constitution

### Category 3: Acts by Governor General

• Acts made before the commencement of the Constitution
• By the Governor General in Council or Governor General acting in legislative capacity
• Includes Acts from the British colonial period

## Timeline

```

British Era ---- 15 Aug 1947 ---- 26 Jan 1950 ---- Present

| | | |

Governor Dominion/ Parliament of Parliament

General Indian India established continues

Acts Legislature

| | |

Category 3 Category 2 Category 1

```

## Nature of Definition

• Uses both 'shall mean' AND 'shall include' — hybrid definition
• 'Means' part: Acts of Parliament
• 'Includes' part: Pre-Constitution legislative acts

## Examples

## Why this Definition Matters

It ensures that pre-Constitution laws continue to be recognized as 'Central Acts' for interpretation purposes. Without this, the General Clauses Act might apply only to post-1950 legislation, leaving older Acts (like IPC, Indian Contract Act) outside its scope.