ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846
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MCA Resurrects Henry VIII’s Legacy

Amendments by Stealth

The Ministry of Corporate Affairs, in charge of implementation of the Companies Act, 2013, has overstepped its constitutional mandate by passing orders that amend the provisions of an Act of Parliament. The MCA can only formulate rules and clarify provisions in the Act, and does not have the power to amend an Act. Recent "general circulars" issued by the MCA are extralegal, and are further complicating an already complicated piece of legislation.

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