The Fugitive Economic Offenders Act, 2018
The Repealing and Amending Act, 2017
1. Introduction
The Repealing and Amending Act, 2017 is a legislative enactment passed by the Indian Parliament with the primary purpose of repealing obsolete, spent, or redundant laws and making minor amendments to existing laws to remove inconsistencies or errors. Such Acts help in cleaning up the statute books and simplifying the legal framework.
2. Purpose and Objectives
Repeal obsolete laws: Laws that have lost relevance or have been superseded by new laws are formally removed from the statute books.
Remove redundant provisions: Sections or entire Acts that are no longer applicable.
Amend laws: Minor amendments, such as correcting typographical errors, updating outdated references, or aligning provisions with other laws.
Simplify legal framework: Reducing the clutter of multiple outdated laws enhances clarity and legal certainty.
Reduce judicial backlog: By repealing obsolete laws, courts face fewer disputes based on archaic or non-existent laws.
3. Scope of the Act
The 2017 Act repealed 295 Central Acts in whole or in part.
The list of repealed laws mainly includes laws enacted between 1850 and 2017 which have become redundant.
It also includes amendments to some laws to rectify errors, inconsistencies, or outdated language.
4. Nature of Repealing and Amending Acts
These Acts are generally non-controversial and do not make substantive changes to policy or governance.
They do not affect any rights or liabilities accrued under the repealed laws unless otherwise specified.
They serve as a housekeeping function for the legislative framework.
5. Legal Provisions in the Act
Repealing Clause: Specifies which laws or parts thereof are repealed.
Saving Clause: Protects actions taken under repealed laws before repeal.
Amendment Clause: Specifies minor textual amendments.
Effective Date: Specifies the date when repeal and amendments take effect.
6. Importance of Repealing and Amending Acts
They ensure that the statutory environment remains updated and free from redundant laws.
Facilitate better governance by removing archaic legal provisions.
Help law enforcement agencies and judiciary by providing clarity on the current applicable laws.
Enable smoother implementation of modern laws without confusion over conflicting outdated statutes.
7. Case Law Related to Repealing and Amending Acts
Though Repealing and Amending Acts themselves rarely become subjects of litigation, courts have interpreted the effects of repeal and saving clauses in several landmark cases. Some principles are explained below:
Case 1: Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225
While the case primarily deals with constitutional amendments, the Supreme Court laid down principles about saving clauses and retrospective operation of laws.
The case clarifies that repeal of a law does not affect accrued rights or liabilities unless expressly provided.
This principle applies to repealing Acts ensuring legal continuity despite repeal.
Case 2: Bengal Immunity Company Ltd. v. State of Bihar, AIR 1955 SC 661
The Supreme Court held that repeal of a law does not revive earlier repealed laws unless specifically stated.
This case is important in understanding that repealing and amending Acts should be explicit in their language to avoid unintended revivals.
Case 3: State of Punjab v. Amar Singh (1978) 3 SCC 477
The Court observed that repealing Acts often contain saving provisions to protect transactions and rights under the repealed Acts.
It emphasized that repealing laws should be read with saving clauses to avoid injustice.
8. Significance in Indian Legislative Practice
India’s legal system contains thousands of laws, some over a century old.
Periodic repealing Acts like the 2017 Act help in de-cluttering the statute book.
The Law Commission and Department of Legal Affairs recommend such repeals regularly.
Helps in modernizing and rationalizing the legal framework.
9. Conclusion
The Repealing and Amending Act, 2017 plays a critical administrative and legal role by formally removing laws that are obsolete and making minor corrections to existing statutes. It ensures that the Indian legal framework remains current, clear, and manageable for lawmakers, enforcement agencies, and the judiciary. Though not a substantive law affecting policy, such Acts form the backbone of a well-organized legal system.
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