Sections 22 and 23 of the Commercial Courts Act, 2015

Section 22 deals with the Central Government's limited power to remove difficulties in implementing the Commercial Courts Act, 2015. Section 23 repeals the 2015 Ordinance that preceded the Act while preserving actions already taken under that Ordinance.

Updated: 14 September 2026

Key legal points

The Commercial Courts Act, 2015 is deemed to have come into force on 23 October 2015.
Section 22 permitted the Central Government to issue an order in the Official Gazette to remove implementation difficulties, but only if the order was not inconsistent with the Act.
The Section 22 power could be exercised only during the two-year period beginning with the commencement of the Act. That statutory period has expired.
Every order made under Section 22 had to be placed before both Houses of Parliament.
Section 23 repealed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, but saved acts and actions already taken under it.

Section 22: Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.

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

Meaning and scope of Section 22

Section 22 is a transitional implementation provision. It enabled the Central Government to address practical difficulties that arose while bringing the Act into operation. The power was expressly limited in three important ways: the measure had to be made by an order published in the Official Gazette, it could not be inconsistent with the Act, and it could not be exercised after the statutory two-year period.

The provision did not authorize the Central Government to amend or override the Act through an executive order. Its function was confined to removing implementation difficulties within the limits fixed by Parliament.

Present position: Because the Act is deemed to have commenced on 23 October 2015 and Section 22 allowed orders only within two years from commencement, the time-limited power to make a new Section 22 removal-of-difficulties order has expired. The section nevertheless remains relevant for understanding the Act's transitional framework and any valid orders made during the permitted period.

Section 23: Repeal and savings

(1) The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 (Ord. 8 of 2015) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

Meaning of repeal and savings

Section 23 performs two connected functions. First, it formally repeals the 2015 Ordinance that operated before enactment of the Commercial Courts Act, 2015. Second, the savings clause protects legal continuity by treating acts and actions already taken under the Ordinance as if they had been taken under the corresponding provisions of the Act.

This avoids disruption merely because the temporary Ordinance was replaced by an Act of Parliament. Orders, steps and actions lawfully taken under the Ordinance do not become ineffective solely because of the repeal.

Relationship with the current Commercial Courts framework

The Commercial Courts Act, 2015 provides the statutory framework for Commercial Courts, Commercial Appellate Courts, Commercial Divisions and Commercial Appellate Divisions dealing with commercial disputes of specified value. Later amendments, including the 2018 amendments, changed several parts of the Act, but the current India Code text continues to set out Sections 22 and 23 in the form reproduced above.

For related provisions, see Section 21A - Power of Central Government to make rules and the main Commercial Courts Act, 2015 page.

Official source

For the authoritative updated text, refer to the Commercial Courts Act, 2015 on India Code. Users should verify the latest statutory text, amendments, notifications and applicable court rules before relying on the provision in a proceeding.