Delhi Police Act, 1978 | Act 34 of 1978

Section 151 of the Delhi Police Act, 1978: Power to Remove Difficulties

Section 151 is a transitional provision empowering the Central Government to address difficulties arising when the Delhi Police Act, 1978 replaced earlier police-law arrangements. Its notification-making power was expressly limited to two years from commencement.

Key legal point: Section 151 is not a general, continuing authority to amend the Act or issue new transitional notifications. The Act is deemed to have commenced on 1 July 1978 under Section 1(3), so the two-year notification window expired in 1980.

Text of Section 151 - Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the enactments mentioned in Schedule II, the Central Government may, by notification in the Official Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such notification shall be issued after the expiry of two years from the commencement of this Act.

(2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before each House of Parliament.

Meaning and scope of Section 151

Section 151(1): Limited transitional power

The Central Government could issue a notification in the Official Gazette where a practical or legal difficulty arose specifically from the transition from the enactments identified in Schedule II to the Delhi Police Act. The phrase "necessary or expedient" concerns resolving that transition-related difficulty; it does not create an unrestricted legislative power.

Proviso to Section 151(1): Two-year deadline

The proviso prohibits issuing a notification under this section after two years from commencement. Section 1(3) states that the Act is deemed to have come into force on 1 July 1978. Accordingly, the statutory power to issue fresh notifications under Section 151 was time-limited and cannot be treated as an ongoing power in 2026. Whether a notification issued within the permitted period remains relevant must be assessed from its text and subsequent law.

Section 151(2): Parliamentary oversight

Every notification made under Section 151 had to be laid before each House of Parliament as soon as practicable after issuance. This requirement provided legislative scrutiny of the Central Government's use of its transitional power.

Section 149 deals with the cessation of specified earlier enactments and the saving of earlier actions, rights, liabilities and proceedings. Section 150 provides for continuity of the existing Delhi police force, pending investigations and certain transferred proceedings. Section 152 repeals the Delhi Police Ordinance, 1978 while preserving actions taken under it. Section 151 complemented these provisions by addressing transition difficulties within a fixed period.

Practical legal significance today

Section 151 remains relevant for understanding historical transitional arrangements, the legal basis of notifications issued during the permitted period and the continuity of Delhi police administration. For a present-day question, consult the Act as amended, the relevant Gazette notification (if any) and applicable rules. Section 151 should not be confused with Section 151 of a criminal procedure statute, which concerns a different subject.

Official legal sources

Read the Delhi Police Act, 1978 (official India Code PDF) for the statutory wording, including Section 1, Schedule II and Sections 149-152. The Delhi Police Acts and Rules page also identifies the Act. Check the latest amendments and notifications before relying on the provision in legal proceedings.

Legal information for general reference; specific questions require examination of the applicable statute, notifications and facts.