India:
Use Of "May" Or "Shall" – Whether A Provision Is Directory Or Mandatory
25 November 2015
AMLEGALS
To print this article, all you need is to be registered or login on Mondaq.com.
Constitution of State Human Rights Commission
Under S. 21(1), is mandatory and does not depend upon discretion
of State Government, despite use of word "may" in S.
21(1). Use of word "may" or "shall" cannot
conclusively decide whether a provision is directory or
mandatory.
It depends upon object and purpose of enactment and the context
in which the expression is used.
Even if words "may" and "shall" occur at
similar places/for a similar purpose in different provisions, it
may not mean that the legislative intention is to make a
distinction. [D.K. Basu v.State of W.B., (2015) 8
SCC 744]
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Government, Public Sector from India
Overview Of The Karnataka Stamp (Amendment) Act, 2023
Argus Partners
The Department of Parliamentary Affairs and Legislation, Government of Karnataka, has on February 03, 2024, notified the Karnataka Stamp (Amendment) Act, 2023 which has amended the stamp duty applicable on instruments ...
Public Procurement
Phoenix Legal
Please summarise briefly any relationship between the public procurement / government contracting laws in your jurisdiction and those of any supra-national body (such as WTO GPA, EU, UNCITRAL).