Sansad TV: Bills and Acts- Repealing & Amending Bill, 2022 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

• One way to nullify a law is by repealing it. This occurs when Parliament believes that a law is no longer necessary or relevant. Laws can also have a "sunset" clause, which specifies a date after which they are no longer valid.
• The Repealing and Amending Bill, 2022 aims to repeal 65 obsolete or redundant laws, as well as correct a minor drafting error in the Factoring Regulation Act, 2011.
• The First Schedule of the Bill lists 24 laws to be repealed, including 16 amending Acts and two from before 1947.
• The Second Schedule of the Bill lists 41 Appropriation Acts to be repealed, including 18 for the Railways from 2013 to 2017.

Reasons for repeal

• Indian laws have always been influenced by customs and practices, but as society changes, laws must also adapt. It is crucial to create efficient legislation for an effective legal system. Certain laws become obsolete with time or societal changes, hindering normal course of action.
• Many laws being repealed were created by the British Parliament and lack relevance in the present time. Some laws overlap with court judgments or contradict international treaties and conventions signed by India. The cost of regulating some laws may outweigh the benefits.
• Efficient laws are necessary to uphold the rule of law in Indian society. The repeal of outdated laws is essential to keep up with changing times and promote an efficient legal system.

Benefits of repealing archaic laws

• Savings clause in the bill ensures no bearing on existing cases and no future litigation on basis of repealed laws.
• Huge number of laws hamper governance and have a bearing on the economy and business side, making consolidation and re-enactment necessary.
• Ministry of Law and Justice informed Lok Sabha that 1486 obsolete and redundant laws have been repealed by the Indian government since 2014.
• Archiac laws hinder smooth administration and ease of doing business, so it is important to unmake these laws.
• Reviewing existing laws and identifying those that require repeal should be a permanent mechanism, which may include a permanent commission.

Conclusion

It is necessary to repeal archaic laws in order to facilitate smooth administration, ease of doing business, and to maintain an efficient legal system. A permanent mechanism should be in place to review existing laws and identify those that require repeal. The Ministry of Law and Justice has taken steps to repeal obsolete and redundant laws, and the effort needs to continue in order to maintain an updated legal system.