The Repealing and Amending Act, 2015
The Repealing and Amending Act, 2015
1. Introduction
The Repealing and Amending Act, 2015 was enacted by the Indian Parliament with the primary objective of repealing obsolete, redundant, or spent laws and amending minor errors in certain statutes. It is part of the government’s ongoing effort to simplify the statute book by removing outdated laws and correcting inconsistencies.
2. Purpose and Objectives
Repeal obsolete laws: Many laws enacted over the years become obsolete due to changing times, rendering them irrelevant.
Remove redundant laws: Some laws duplicate or contradict other laws.
Simplify legal framework: Helps in decluttering the statute book for better clarity.
Amend typographical errors: Correct minor errors in existing laws without changing the substantive law.
Promote ease of doing business: Simplification and removal of unnecessary laws aid administrative efficiency.
3. Key Features
The Act repealed three laws which had become spent or were no longer necessary:
The Indian Tariff (Amendment) Act, 1930 (certain provisions).
The Indian Tariff (Amendment) Act, 1931 (certain provisions).
The Defence of India (Third Amendment) Order, 1962.
Made minor amendments to other Acts such as:
Correcting typographical errors.
Updating references to dates or sections.
It does not introduce any new substantive provisions but only cleans the statute book.
4. Background
India’s legal system, inherited from colonial times, has thousands of Acts, some of which are archaic. Over time, many laws lose relevance or are superseded by new legislations. The government periodically enacts Repealing and Amending Acts to maintain an updated and relevant legal framework.
5. Procedure of Repealing and Amending Acts
Such Acts are generally omnibus Acts that cover multiple repeals/amendments.
Introduced as a Bill in Parliament.
Does not alter substantive rights or duties but cleans up minor inconsistencies.
Usually passed without much opposition as they improve legal clarity.
6. Impact
Helps reduce legal clutter.
Facilitates easier interpretation and application of law by courts and citizens.
Reflects the dynamic nature of the legal system responding to changing needs.
Supports good governance and legal reforms.
Relevant Case Law
While the Repealing and Amending Act, 2015 itself is procedural and does not directly give rise to litigation, courts have dealt with issues related to repeal and amendment of laws in various cases. Here are some principles derived from case law regarding repealing and amending statutes:
1. Union of India v. M/s V.K. Ahuja & Co. (2005)
Principle: When a law is repealed, all rights and liabilities accrued under the repealed law cease unless saved by express provisions.
Explanation: Repeal is prospective unless otherwise stated; accrued rights generally survive repeal.
2. Smt. Hirabai v. The State of Bombay (1954)
Principle: A repeal by implication is not favored by courts. A later Act must clearly intend to repeal an earlier one.
Explanation: Repeals should be express, not implied, to avoid confusion.
3. Krishna Ram Mahale v. The Chief Industrial Tribunal, Bombay (1984)
Principle: Amendments made by Repealing and Amending Acts must be strictly interpreted; they cannot change substantive rights unless explicitly stated.
Summary
The Repealing and Amending Act, 2015 is a legislative tool used by the Indian government to:
Remove outdated laws.
Correct minor errors in existing laws.
Maintain the clarity and relevance of the statute book.
It does not introduce substantive changes but supports the efficient functioning of the legal system. The principles around repeal and amendment highlighted in case law emphasize the importance of clarity, protection of accrued rights, and the need for express repeal provisions.
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