| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 5 and 5A Aircraft Act 1934 - ss. 4A |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Aircraft Act, 1934 (22 of 1934) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Aircraft Act, 1934 - ss. 4A, 5 and 5A - Executive instructions regarding air safety - Issuance of Circular dated 29.05.2008 by Director General of Civil Aviation (DGCA) to the effect that Civil Aviation Requirements (CAR) dated 27.07.2007 had been kept in abeyance - Pending finalisation of CAR 2007, revival of old Aeronautical Information Circular (AIC) 2811992 - Validity and propriety of Circular dated 29. 05. 2008 - Challenge to - Held: CAR 2007 is neither a statute nor a subordinate legislation - They are merely executive instructions which can be termed as special directions - There was a specific order in the form of interim measures, by the competent authority in exercise of statutory powers whereby AIC 28192 was revived - DGCA has ample power to issue such instructions or directions in exercise of its power under the 1937 Rules - Thus, it cannot be said that the Circular dated 29.5.2008 was either issued illegally or without any authority - More so, the whole exercise was done· to bring a new CAR into existence for which process has already been initiated and new CAR is likely to come intoexistence very soon-Aircraft Rules, 1937- ff. 42A and 133A - Administrative law.Administrative law:Subordinate legislation - Statutory authority keeping subordinate legislation in abeyance - Permissibility of - Held: It might be permissible in exceptional circumstances - However, such an order being legislative in character, is notwarranted to be interfere the Court/Tribunal.Executive instructions/Orders/Circulars - Effect of- Held: Executive instructions do not have the force of law but are issued by the competent authority for guidance and to implement the scheme of the Act - It can be altered, replaced and substituted at any time - Law merely prohibits the issuance of a direction,· which is not in consonance with the Act or the statutory rules applicable therein. Executive instructions/Orders/Circulars - Revival of executive instructions - Held: Once the old rule has been substituted by the new rule, it stands obliterated, thus, ceases to exist and under no circumstance, can it be revived in case the new rule is held to be invalid and struck down by the Court - However, position would be different in case a statutory amendment by the Legislature is held to be bad for want of legislative competence, wherein the repealed statutory provisions would revive automatically.Doctrines/Principles - Doctrine of election - Basis of - Held: Doctrine of election is based on the rule of estoppel - Principle that. one cannot approbate and reprobate inheres in it. |
| Judge | Hon'ble Dr. Justice B.S. Chauhan |
| Neutral Citation | 2011 INSC 348 |
| Petitioner | The Joint Action Commitiee Of Airlines Pilots Associations Of India & Ors. |
| Respondent | The Director General Of Civil Aviation & Ors. |
| SCR | [2011] 5 S.C.R. 1019 |
| Judgement Date | 2011-05-03 |
| Case Number | 3844 |
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