Anaya Nolan
In India, the Parliament has the power to repeal laws under Article 245 of the Indian Constitution. The primary purpose of repealing a law is to remove inconsistencies or to ensure that it has served its purpose. Old laws are repealed when new laws are enacted, which is done by inserting a repeal clause in the new law. The laws can be repealed through an ordinance or legislation. The government can repeal laws in two ways: by bringing a Bill to repeal the laws or by promulgating an ordinance that will have to be replaced with a Bill within six months. The Repealing and Amendment Bill will have to be passed by both Houses of Parliament and the President's assent will be required to make it a law.
| Characteristics | Values |
|---|---|
| Who can repeal a law? | Parliament |
| Power to repeal | Article 245 of the Indian Constitution |
| Procedure | Introducing the 'Repealing and Amendment' Bill in Parliament |
| Circulating the Bill and conducting three readings | |
| Sending the Bill to the President for assent | |
| Passing a new law within six months if an ordinance is used | |
| Getting approval from both Houses of Parliament | |
| Reasons for repeal | Remove inconsistencies |
| Laws have served their purpose |
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What You'll Learn
The role of the Parliament and Prime Minister
The Parliament and Prime Minister play distinct roles in the process of repealing a law in India. Here is a detailed description of their respective roles:
The Role of the Parliament
The Parliament of India holds the power to repeal laws in the country. According to Article 245 of the Indian Constitution, the legislative body, or the Parliament, has the authority to repeal laws, just as it has the power to make laws. The process of repealing a law involves introducing a 'Repealing and Amendment' Bill in the Parliament. This Bill then undergoes three readings and is circulated. After this, the Bill is sent to the President for assent. Once the President approves the Bill, it becomes an Act, and the law is officially repealed.
The Parliament can repeal laws through two main methods: using an ordinance or through legislation. When using an ordinance, the Parliament must pass a new law within six months. If the Parliament does not approve the ordinance, it lapses, and the repealed law can be revived. On the other hand, repealing a law through legislation involves passing the 'Repealing and Amendment' Bill through both Houses of Parliament and receiving the President's assent.
The Role of the Prime Minister
The Prime Minister of India is the head of the government and holds the responsibility for executive power. While the Prime Minister cannot unilaterally repeal a law, they play a crucial role in the process. The Prime Minister acts as the leader of the house of the chamber of Parliament, typically the Lok Sabha. In this role, the Prime Minister represents the executive in the legislature and is expected to respond to the concerns of the opposition.
The Prime Minister also chairs the Appointments Committee of the Cabinet (ACC) and, along with the advice of the Cabinet Secretary, decides the postings of top civil servants and military personnel. Additionally, the Prime Minister has a role in convening and ending extraordinary sessions of Parliament, as this power is conferred upon the President but is exercised on the advice of the Prime Minister and their council.
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The Repealing and Amendment Bill
There are two main ways to repeal a law. The first is through an ordinance, which must be replaced by a Bill passed by Parliament within six months. If Parliament does not approve, the ordinance lapses, and the repealed law can be revived. The second way is through legislation, where a 'sunset' clause in the legislation specifies a date after which it ceases to exist.
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Removing inconsistencies and outdated laws
The primary purpose of repealing a law is to remove inconsistencies or to ensure that it has served its purpose. Old laws are repealed when new laws are enacted, which is done by inserting a repeal clause in the new law.
In 2019, the Repealing and Amending provision was invoked when the Union Government scrapped 58 obsolete laws and made minor amendments to the Income Tax Act, 1961, and the Indian Institutes of Management Act, 2017. The Narendra Modi-led government had already repealed around 1,428 Acts during its first term.
The Repealing and Amendment Bill will pass through the same procedure as any other Bill. It will need to be passed by both Houses of Parliament and receive the President's assent to become a law.
A law cannot be repealed unilaterally by the Prime Minister and the Executive branch of the government. This is because legislation receives its authority from being passed in Parliament, not from the seal of approval given by the Prime Minister and Cabinet.
The process of repealing a law through legislation involves two methods:
- In the case of legislation with a 'sunset' clause (a particular date after which they cease to exist), the law lapses automatically on that date.
- If there is no sunset clause, the legislation will be passed to repeal a law by both Houses of Parliament and receive the President's assent before it comes into effect.
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The President's assent
Article 245 of the Indian Constitution empowers the Parliament to enact and repeal any law. The Repealing and Amendment Bill will pass through the same procedure as any other Bill. It must be passed by both Houses of Parliament and then assented to by the President to become law.
The President's role in assenting to a Bill is outlined in Article 111 of the Constitution of India. When a Bill has been passed by both Houses of Parliament, it is presented to the President. The President then declares whether they assent to the Bill or withhold assent. If the President does not assent to the Bill, they may, within six weeks, return the Bill to Parliament with a message requesting reconsideration and suggesting amendments. Parliament must then reconsider the Bill and may make amendments. If the Bill is passed by Parliament again, with or without amendments, and presented to the President for assent, the President cannot withhold assent a second time.
A Bill may be returned to Parliament for reconsideration, but the President's suggestions may not be taken into account. In this case, if the Bill is sent back to the President, they cannot withhold assent. This situation is outlined in the proviso to Article 111: 'and if the Bill is passed again by the House with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.'
The President's role in assenting to Bills is a key part of the legislative process in India. It ensures that the President has a say in the creation of laws and can request reconsideration of Bills they do not agree with. However, ultimately, the power to enact and repeal laws rests with Parliament, as outlined in Article 245 of the Constitution.
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The legislative process
Introducing the Bill
The first step is to introduce a 'Repealing and Amendment' Bill in Parliament. This Bill, like any other, must be named, circulated, and undergo three readings. This process ensures that the Bill is thoroughly discussed and debated before progressing further.
Presidential Assent
After the Bill has been deliberated in Parliament, it is sent to the President for assent. This step is crucial, as the President's approval is necessary for the Bill to become an Act. The President's role in this process highlights the importance and impact of the legislative changes being proposed.
Enactment
Once the President provides assent, the Bill officially becomes an Act. This Act represents the collective effort of the legislative body to address inconsistencies or outdated legislation. It is important to note that the Prime Minister and the Executive branch alone cannot unilaterally repeal a law. The authority to repeal a law rests with Parliament, emphasising the collaborative nature of the legislative process.
Repealing and Amending Act
Typically, the government repeals and modifies multiple laws together through a Repealing and Amending Act. This approach ensures that the legislative process is efficient and comprehensive. The primary motive of this Act is to repeal certain enactments and amend others, creating a cohesive and up-to-date legal framework.
Sunset Clause
It is worth noting that some legislation includes a 'sunset' clause, which specifies a particular date after which the law ceases to exist. In such cases, the law automatically lapses on that date, providing a built-in mechanism for review and potential repeal if the legislation is no longer required or relevant.
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Frequently asked questions
The primary purpose of repealing a law in India is to either remove inconsistencies or to ensure that it has served its purpose.
According to Article 245 of the Indian Constitution, the Parliament has the power to enact and repeal any law.
The procedure to repeal a law in India involves introducing a 'Repealing and Amendment' Bill in Parliament, which then undergoes three readings. After this, the Bill is sent to the President for assent. Once the President provides assent, the Bill becomes an Act, and the law is repealed.
No, the Prime Minister of India cannot unilaterally repeal a law. The authority to repeal a law comes from its passage in Parliament, not from the approval of the Prime Minister and the Executive branch.
