The Repealing and Amending (Second) Act, 2015
The Repealing and Amending (Second) Act, 2015
1. Purpose and Background
The Repealing and Amending (Second) Act, 2015 is a statute enacted by the Parliament of India aimed at:
Repealing obsolete or spent laws,
Removing inconsistencies and redundant provisions from existing laws,
Amending minor provisions in certain Acts to correct typographical errors or outdated references.
This Act is part of the Government's ongoing effort to simplify the statute book and remove laws that no longer serve any useful purpose, thus improving the clarity and accessibility of the legal framework.
2. Why Such Acts Are Important
Over time, many laws become obsolete due to changes in society, technology, or governance.
Repealing these laws helps in reducing legal clutter and avoids confusion.
Amending laws to correct minor errors ensures legal documents remain accurate.
It improves legal certainty by formally acknowledging that certain laws no longer operate.
3. Provisions of the Act
The Act generally contains two types of provisions:
(i) Repeal of Certain Acts
It repeals certain Acts, which may be:
Expired laws,
Laws whose purposes have been fulfilled,
Obsolete laws due to changes in policy or society.
(ii) Amendments to Existing Acts
Minor amendments are made in some Acts, usually correcting errors such as:
Wrong references to sections or sub-sections,
Typographical mistakes,
Outdated terminologies.
The Repealing and Amending (Second) Act, 2015 is a continuation of a legislative practice where Parliament periodically repeals spent laws and amends minor defects in existing laws.
4. Process of Repealing and Amending
The Bill is introduced in the Parliament.
The list of Acts to be repealed is usually vetted carefully to avoid removing any law still in force.
Amendments are usually limited to clerical or technical corrections.
The Bill is passed with minimal debate as these are routine housekeeping measures.
5. Legal Effect of Repeal
Once repealed, the law ceases to have any legal force.
However, under Section 6 of the General Clauses Act, 1897, repeal of a statute does not affect:
Any action taken under the repealed Act before repeal,
Any right or liability accrued,
Any investigation, legal proceedings, or punishment related to the repealed law.
This ensures legal continuity and protection of vested rights.
6. Case Law and Judicial Interpretation
Although there may not be specific reported cases interpreting this particular Act (because repealing/amending acts usually have no controversial application), courts have elaborated on principles related to repeals and amendments in various cases.
Important Principles:
(a) Effect of Repeal:
Inayatullah Khan vs. Emperor, AIR 1936 PC 253
Established that repeal of a statute does not revive a law that had previously been repealed by the repealed statute.
Union of India vs. R. Gandhi, (2010) 11 SCC 1
Discussed the doctrine of implied repeal and stressed that clear intention is needed to repeal a law by implication.
(b) Saving Clauses:
Courts have held that saving clauses in repealing statutes (such as those in the General Clauses Act) preserve existing rights, liabilities, and ongoing proceedings.
K.K Verma vs. Union of India, AIR 1963 SC 1653 explained that repeal cannot adversely affect pending proceedings unless the legislature clearly expresses such intent.
(c) Amendments:
Amendments made for clarification, correction, or removal of ambiguity are generally valid and do not alter substantive rights.
In R.P. Kapur vs. State of Tamil Nadu, AIR 1959 SC 633, the Court observed that amendment Acts may remove defects but cannot be used to alter fundamental principles unless expressly intended.
7. Summary
| Aspect | Details |
|---|---|
| Purpose | Repeal obsolete laws; amend minor defects |
| Nature | Housekeeping legislation |
| Legal effect of repeal | Laws cease to operate but vested rights protected (General Clauses Act) |
| Amendments | Usually minor, clerical, or correcting errors |
| Judicial approach | Repeal is strict; no revival of old laws without clear intent; saving clauses protect rights and proceedings |
8. Importance in Legal Practice
Helps lawyers and judges by removing confusion caused by outdated laws.
Aids in legal research by simplifying the body of law.
Protects legislative clarity and legal certainty.
Shows Parliament’s proactive approach to legal reform and modernization.
Conclusion:
The Repealing and Amending (Second) Act, 2015 is an essential but often overlooked part of legislative housekeeping. While it does not usually attract litigation or controversy, the principles governing repeal and amendment are fundamental to understanding how the legal system evolves over time, ensuring laws remain relevant and effective.
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