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Microlesson · 5-min read

Definition of 'Government' [Section 3(23)]

# Definition of 'Government' — Section 3(23)

## Statutory Definition

> Section 3(23): 'Government' or 'the Government' shall include both the Central Government and State Government.

## Coverage

This definition is inclusive and dual in nature:

TermCovers
GovernmentCentral Government + State Government
The GovernmentCentral Government + State Government

## Why This Definition?

When any Act uses the word "Government" without specifying Central or State, this definition makes clear that it covers both.

## Significance

1. No ambiguity — when a Central Act says 'Government', it generally covers both Central and State Governments

2. Wide application — actions of either government are recognized

3. Joint reference — useful where both governments may be relevant (e.g., concurrent list subjects)

## Linkage with Section 3(8)

For a complete understanding:

  • Section 3(8): Defines 'Central Government' specifically
  • Section 3(23): Defines 'Government' to include both Central + State
  • Together, they provide a comprehensive framework

## Example Application

If an Act provides: "The Government may exempt any person from this provision..." — this means either the Central Government OR the State Government (as the case may be) can exempt.

Worked example

### Example 1

Q: A Central Act uses the term 'the Government' without specifying which government. Which government can act?

A: Under Section 3(23) of the General Clauses Act, 'Government' or 'the Government' includes both the Central Government and the State Government. So either government, as may be appropriate in the context, can act.

⚠️ Common exam mistakes

  • Believing 'Government' refers only to Central Government
  • Excluding State Governments from the meaning of 'Government'
  • Treating the definition as exhaustive when it is inclusive
Bare-Act text Section 3(23) · The General Clauses Act, 1897 · click to expand
'Government' or 'the Government' shall include both the Central Government and State Government.
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