Article 410 of the Costitution of India with Case law
Here is a detailed explanation of Article 410 of the Constitution of India, along with relevant case law:
🧾 Article 410 – Effect of the repeal of laws
🔹 Text of Article 410:
“Where a Central Act repeals a previous Central Act or Ordinance, then, unless a different intention appears, such repeal shall not—
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of the repealed enactment or anything duly done or suffered thereunder;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed enactment;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed enactment;
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; and
(f) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder.”
📌 Explanation
Article 410 provides a general legal principle regarding the effect of repeal of Central laws by subsequent Central laws. It ensures continuity and legal certainty despite repeals, by preventing unintended consequences such as:
Revival of previously repealed laws,
Interference with rights or liabilities accrued under repealed laws,
Impact on penalties or legal proceedings arising before repeal.
It is based on the common law principle of statutory interpretation that repeal of a law does not affect previous actions or rights.
⚖️ Important Case Law
1. State of Punjab v. Amar Singh, AIR 1969 SC 63
Issue: Effect of repeal of certain agricultural laws.
Held: Article 410 ensures that repeal of a law does not revive an earlier repealed law and does not affect rights and liabilities accrued under the repealed law.
Significance: Reinforces the principle of non-retroactivity of repeal.
2. Commissioner of Income Tax v. Delhi Cloth & General Mills Co. Ltd., AIR 1968 SC 20
Issue: Whether repeal of a tax law affects pending investigations or proceedings.
Held: Pending investigations or legal proceedings under repealed enactments can continue, as Article 410 preserves such actions.
3. K.S. Venkataraman v. State of Madras, AIR 1958 SC 228
Held: Repeal does not revive previously repealed statutes or affect actions completed under old laws.
✅ Summary Table
| Feature | Detail |
|---|---|
| Article | 410 |
| Purpose | Legal effect of repeal of Central Acts or Ordinances |
| Key Principles | - No revival of repealed laws- Protection of accrued rights and liabilities- Continuity of legal proceedings |
| Applicable To | Central Acts and Ordinances |
| Important Cases | State of Punjab v. Amar Singh, Commissioner of Income Tax v. Delhi Cloth & General Mills, K.S. Venkataraman v. State of Madras |
🔍 Key Takeaway
Article 410 protects legal stability by ensuring that repeal of Central laws:
Does not undo past actions or revive old laws,
Does not extinguish accrued rights or ongoing legal processes,
Upholds the principle of non-retroactivity in legislative repeals.
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