Parliament – Sessions, Procedures, Motions, Committees etc

Process for Repealing a Law

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Repealing of a law

Mains level : Farmers protests and related issues

PM after repealing the farm laws has said that the process of repealing the laws — which are currently stayed by the Supreme Court — will take place in the upcoming Winter Session of Parliament.

Repealing a Law

  • Repealing a law is one of the ways to nullify a law.
  • A law is reversed when Parliament thinks there is no longer a need for the law to exist.
  • 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.
  • For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.

(Sunset Clause: A law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law.)

How can the government repeal a law?

  • 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  • A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.

What is the process for repealing a law?

  • Laws can be repealed in two ways — either through an ordinance, or through legislation.
  • 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  • If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.
  • 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.

Legislations required

  • All three farm laws can be repealed through a single legislation.
  • Usually, Bills titled Repealing and Amendment are introduced for this purpose.

 

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