The Repealing and Amending Act, 2023
🏛️ The Repealing and Amending Act, 2023
🔹 Background and Rationale
India has a vast legislative framework, including many laws that have become obsolete, redundant, or inoperative over time. These outdated laws, if left on the statute books, can:
Cause confusion,
Lead to unnecessary litigation, and
Create administrative burdens.
To address this, Parliament periodically enacts “Repealing and Amending” Acts, which:
Repeal laws that are no longer in use or have been superseded, and
Amend minor errors (like spelling mistakes or outdated references) in existing statutes.
The Repealing and Amending Act, 2023 is a continuation of this legislative clean-up effort.
📜 Objective of the Act
The main objectives are to:
Repeal laws that are outdated or have ceased to be in force,
Remove legislative clutter,
Make minor textual corrections in certain laws for clarity and consistency,
Enhance “Ease of Doing Business” and “Ease of Living” by reducing legal complexity.
⚖️ Key Provisions of the Repealing and Amending Act, 2023
1. Repeal of Obsolete Laws
The Act repeals several central enactments (the exact number depends on the final list passed in Parliament).
These include laws that:
Are spent (have served their purpose),
Have been superseded or replaced,
Are redundant due to new legislation,
Were amendment acts that have already served their function.
📝 Example of such repealed laws:
Certain Appropriation Acts related to past fiscal years,
Outdated amendment acts to repealed statutes,
Temporary or regional laws with no current application.
2. Amendments to Existing Acts
The Act also makes minor amendments to correct:
Spelling or typographical errors,
Inaccurate references (e.g., referencing repealed laws),
Obsolete terminology.
These changes are non-substantive, meaning they do not affect the legal rights or obligations under the amended laws.
📍 Significance of the Act
✅ Legal Clarity
Reduces confusion by removing irrelevant laws from the books.
✅ Administrative Efficiency
Helps courts, legal practitioners, and administrators work with a cleaner and more concise legal code.
✅ Legislative Hygiene
Keeps the body of Indian law updated, coherent, and streamlined.
✅ Public Benefit
Supports the government’s reform agenda, including “Minimum Government, Maximum Governance.”
⚖️ Relevant Judicial Principles (from Case Law)
While repealing and amending acts rarely lead to direct litigation, courts have laid down principles regarding the effects of repeal, which are relevant here.
📌 1. General Principle: Rights and Liabilities Continue
Case: State of Punjab v. Mohar Singh, AIR 1955 SC 84
Held: Unless a contrary intention appears, repeal of a law does not affect accrued rights, liabilities, or ongoing proceedings.
Application: Even if a law is repealed under the 2023 Act, prior actions under that law may still be valid.
📌 2. Effect of Repeal on Pending Proceedings
Case: Kolhapur Canesugar Works Ltd. v. Union of India, AIR 2000 SC 811
Held: Repeal of a statute results in obliteration of that statute, but pending proceedings may continue if a saving clause or general principle under the General Clauses Act, 1897 applies.
📌 3. Repeal Does Not Mean Destruction of Rights
Case: Gajraj Singh v. State Transport Appellate Tribunal, AIR 1997 SC 412
Held: A repeal should not arbitrarily destroy vested or accrued rights unless clearly intended by the legislature.
⚙️ Legal Basis for Repeal: Section 6 of the General Clauses Act, 1897
This section applies unless expressly excluded and provides that:
The repeal of an enactment shall not:
Affect prior operation of the enactment,
Affect any right, privilege, obligation, or liability acquired,
Affect any legal proceedings under the repealed law.
➡️ Hence, laws repealed by the 2023 Act do not undo actions validly taken under them before repeal.
📝 Summary
| Feature | Details |
|---|---|
| Name of Act | The Repealing and Amending Act, 2023 |
| Purpose | To repeal obsolete laws and make minor amendments |
| Impact | Legal simplification, removal of deadwood, enhanced legal clarity |
| Judicial Safeguards | Existing rights and proceedings protected via legal doctrine and General Clauses Act |
🔚 Conclusion
The Repealing and Amending Act, 2023 is a vital but technical piece of legislation aimed at improving the legal framework of the country by pruning outdated and unnecessary laws and fine-tuning existing ones. While not widely publicized, such acts are essential for ensuring that India’s legal system remains efficient, relevant, and accessible.
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