Wednesday, 3 December 2014

Bill seeking to repeal archaic laws introduced in the Lok Sabha by the Union Law Minister


Hon’ble Union Law Minister Mr. D.V. Sadananda Gowda on Wednesday introduced “The Repealing and Amending (Second) Bill, 2014” in the Lok Sabha, which seeks to remove certain Amendment Acts from the statute books as they have outlived their utility. 

(Parliament of India)
This is the first time since the year 2001 that such an exercise is being undertaken by the Law Ministry.

The Amendment Acts which are now sought to be repealed include the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2010, The Supreme Court (Number of Judges) Amendment Act, 2008, The Wakf (Amendment) Act, 2013 and the Banking Laws (Amendment) Act, 2012.

"The Bill is one of those periodical measures by which enactments which have ceased to be in force or have become obsolete or the retention whereof as separate Act is unnecessary are repealed or by which the formal defects detected in enactments are corrected," says the Statement of Objects and Reasons appended to the Bill.

Clause 4 of the Bill makes it clear that it “shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of orfrom any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed”

The legislative endeavour to do away these Amending Acts from the statute book as they are considered to have outlived their utility is in consonance with Prime Minister Narendra Modi's agenda to do away with archaic laws. PM Modi is of the view that such laws and rules hinder efficient governance. 

Between 1950, when the Republic came into being, and 2001 over a hundred Acts have been repealed. 



The draft of the Bill introduced in the Lok Sabha can be accessed here

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