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Title : HOW A LAW IS REPEALED IN INDIA


Date : Nov 30, 2021

Description :

GS II

 

Topic à Constitutional Amendment related topics

 

  • Why is it in the news:

 

  • The Prime Minister of India recently indicated that in the approaching winter session of Parliament, the three contentious farm laws passed in 2020 will be overturned.

 

  • Related articles of the Indian Constitution:

 

  • Article 245 of the Constitution grants Parliament the right to create laws for the entire country or for any part of it, while state legislatures have the power to make laws for their respective states.
  • The same article gives Parliament the authority to repeal a legislation.
  • Parliament has the same ability to repeal as it does to create a law under the Constitution.
  • A law can be repealed in its entirety, in part, or only to the extent that it is in conflict with other laws.
  • Legislation can also include a "sunset" clause, which specifies a date after which it will cease to exist.
  • The Terrorist and Disruptive Activities (Prevention) Act 1987, widely known as TADA, for example, had a sunset clause and was permitted to expire in 1995.

 

  • What is meant be repealing a law:

 

  • To repeal a statute that does not include a sunset clause, Parliament must approve new legislation.

 

  • Laws can be abolished in one of two ways: through ordinances or legislation.

 

  • Ordinance:

 

  • If an ordinance is employed, it must be superseded within six months by a legislation passed by Parliament.
  • The repealed law can be reinstated if the ordinance fails due to Parliament's failure to adopt it.

 

  • Repealing Farm Laws Through Legislation:
  • Before the farm laws are repealed, the government must approve legislation in both Houses of Parliament and get the President's consent.
  • A single piece of legislation may eliminate all three agriculture laws.
  • Typically, Repealing and Amendment Bills are introduced for this purpose.
  • It goes through the same process as all other bills.
  • The Repealing and Amending provision was last used in 2019, when the Union government attempted to repeal 58 outdated laws and make minor changes to the Income Tax Act of 1961 and the Indian Institutes of Management Act of 2017.

 

  • Source à The Hindu à 30/11/21 à Page Number 1 & 10

Tags : parliamentary procedure, legislature

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