Daily News Analysis

Repealing for the law  

22nd November, 2021 Polity

Figure 2: No Copyright Infringement Intended

Context:

  • Government has announced on Friday that the three contentious farm laws passed last year would be repealed. 
  • the process of repealing the laws — which are currently stayed by the Supreme Court — will take place in the upcoming Winter Session of Parliament.

 

Meaning of Repealing of the law:

  • Repealing a law is one of the ways to nullify a law. For this, Parliament has to pass another legislation to repeal the law.
  • Legislation can also have a “sunset” clause, a particular date after which they cease to exist. For example, the anti-terror legislation Terrorist and Disruptive Activities (Prevention) Act 1987, commonly known as TADA, had a sunset clause, and was allowed to lapse in 1995.
  • Role of Article 245: Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state. Parliament draws its power to repeal a law from the same provision.
  • A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.

Process of Repealing the law:

  • Laws can be repealed in two ways — either through an ordinance, or through legislation.

Ordinance way:

  • In case an ordinance is used, it would need to be replaced by a law passed by Parliament within six months.
  • If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.

By Law:

  • The government can also bring legislation to repeal the farm laws.
  • It will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect.
  • All three farm laws can be repealed through a single legislation.
  • Usually, Bills titled Repealing and Amendment are introduced for this purpose.

 

Data on Repealing the law:

  • The government has passed six Repealing and Amendment Acts since it came to power in 2014.
  • It has repealed over 1,428 statutes that are obsolete.