Section 86

Section 86 is a standard 'removal of difficulties' provision — a legislative tool that allows the Central Government to issue orders addressing unforeseen gaps, conflicts, or implementation problems that arise when a complex new statute comes into force. The power is strictly bounded: any order made must not be inconsistent with the provisions of the IT Act itself (it cannot use this power to effectively amend the Act), and the power expired two years after the Act's commencement (October 2000, meaning the power lapsed in October 2002). The parliamentary laying requirement in Section 86(2) ensures that any orders made under this provision receive legislative oversight: both Houses of Parliament must receive and can scrutinise or pass resolutions on such orders. The two-year sunset is standard across Indian legislation with removal of difficulties powers — it reflects that such powers are emergency gap-fillers for the transition period, not permanent legislative authority. Once the initial implementation period has passed, any further difficulties should be addressed through formal legislative amendment. In practice, Section 86 orders were made in the early 2000s to address specific implementation issues with the newly commenced IT Act, and the power has been exhausted.