Para 43 — CSMOP
Original Rule Text
43. Authentication of Government Orders (Ministry of Home Affairs) –
(i) All orders and other instruments made and executed in the name of the President shall be expressed to be made in his name and signed by an officer having regular or ex-officio secretariat status of and above the rank of Under Secretary, or other specifically authorized to authenticate such orders under the Authentication (Orders and Other Instruments) Rules, 2002 (as amended from time to time).
(ii) Where the power to issue orders, notifications, etc., is conferred by a statute of the Government of India, such orders and notifications will be expressed to be made in the name of the Government of India.
What This Means
Para 43 covers the authentication of Government Orders — the formal process by which orders issued in the name of the President of India are given legal validity. All such orders and instruments must be expressed as being made in the President's name and must be physically signed by an officer of sufficient rank. Only officers who hold regular or ex-officio Secretariat status at the rank of Under Secretary or above can authenticate such orders. Officers below this rank may not sign orders made in the President's name unless specifically authorised under the Authentication (Orders and Other Instruments) Rules, 2002.
This rule protects the constitutional validity of Government Orders. An order that is improperly authenticated can be challenged in court as ultra vires or void. Section Officers and dealing hands preparing Government Orders must therefore ensure that the signing officer's rank is at least Under Secretary level, or that the officer has been given explicit authorisation under the Authentication Rules.
The second sub-rule covers a separate situation: when an Act of Parliament confers power on the Government of India (rather than the President specifically), the resulting orders and notifications must be expressed as being made in the name of the Government of India — not in the President's name. This distinction is legally significant.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Orders made in the name of the President must be signed by officers at or above Under Secretary rank with Secretariat status.
- 2Only officers specifically authorised under the Authentication Rules 2002 may sign below that rank.
- 3An improperly authenticated order can be legally challenged.
- 4Where the power is conferred by statute on the 'Government of India', orders should be expressed in the Government's name, not the President's.
- 5Section Officers preparing Government Orders must verify the signing officer's rank and authorisation before routing the file.
- 6Authentication Rules 2002 govern who can authenticate presidential orders and are updated from time to time.
Practical Example
A Ministry of Labour is issuing an order under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Since this power is conferred by statute on the Central Government (not the President directly), the order is expressed as being issued 'by order and in the name of the Government of India' and is signed by an Under Secretary. A separate order prescribing the manner of deposit of provident funds is a Presidential Order under the Constitution; for this, only an Under Secretary with regular Secretariat status — or a higher officer — may sign. The Section Officer checks both conditions before routing the file for signature.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.