In the First Schedule, in Order XXVIIA,-



(i)in the heading, after the words "INTERPRETATION OF THE CONSTITUTION", the words "OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT" shall be inserted;



(ii)after rule 1, the following rule shall be inserted, namely;-



"1A.Procedure in suits involving validity of any statutory instrument.- In any suit in which it appear to the Court that any question as to the validity of any statutory instrument, not being a question of the nature mentioned in rule 1, is involved, the Court shall not proceed to determine that question except after giving notice-



(a) to the Government Pleader, if the question concerns the Government, or



(b) to the authority which issued the statutory instrument, if the question concerns an authority other than Government.";



(iii)after rule 2, the following rule shall be inserted, namely:-



"2A.Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.- The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a defendant if the Government Pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule 1A or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.";



(iv)for rule 3, the following rule shall be substituted, namely:-



"3.Costs.- Where, under rule 2 or rule 2A, the Government or any other authority is added as a defendant in a suit, the Attorney General, Advocate-General, or Government Pleader or Government or other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.";



(v)after rule 4, the following Explanation shall be inserted, namely:-



'Explanation.- In this Order, "statutory instrument" means a rule, notification, bye-law, order, scheme or form made as specified under any enactment.'.