The Repealing and Amending (Second) Act, 2017
The Repealing and Amending (Second) Act, 2017
Background and Purpose
India’s statute books have accumulated numerous laws, some of which become obsolete, redundant, or spent over time. To maintain a clear and manageable legal framework, the government periodically repeals such outdated laws and makes minor amendments to others to correct errors or update references.
The Repealing and Amending (Second) Act, 2017 is part of this ongoing legal housekeeping effort. It was enacted to repeal several obsolete laws and to make minor amendments to certain existing laws for clarity, correction, and consistency.
This Act follows a similar pattern as the earlier Repealing and Amending Act, 2016, aiming to further streamline India’s legal framework.
Objectives of the Act
To repeal a list of laws that have become obsolete or no longer have practical utility.
To amend minor provisions, typographical errors, or outdated references in other laws.
To ensure that the repeal does not affect rights or liabilities accrued under the repealed laws.
To reduce legal clutter and improve ease of administration and legal clarity.
Key Provisions of the Act
1. Repeal of Obsolete Laws (Main Provision)
The Act repeals some dozens of laws, mainly related to:
Old administrative regulations,
Defunct licensing or registration requirements,
Laws made redundant due to newer enactments,
Local laws or temporary enactments that have served their purpose.
2. Amendments to Certain Acts
Minor amendments are made to certain laws to:
Correct typographical or drafting errors,
Update cross-references,
Remove outdated provisions.
3. Saving Clauses
Similar to other repealing acts, it contains provisions to ensure that:
Any action taken under repealed laws before repeal remains valid.
Rights, obligations, and legal proceedings started under repealed laws are not adversely affected.
Significance of the Act
Legal Clean-up: It helps clean the statute book by removing defunct and unnecessary laws.
Legal Certainty: Prevents confusion by clearly specifying which laws are no longer in force.
Administrative Efficiency: Eases the burden on government departments and the judiciary.
Supports Legal Reform: Facilitates ongoing reforms and modernization of Indian laws.
Relevant Case Law
Repealing and amending acts are generally procedural and housekeeping in nature, so they rarely generate landmark cases. However, courts have dealt with legal principles related to repeal and amendments, which apply here:
1. Commissioner of Income Tax v. Patel Engineering Ltd., AIR 1987 SC 1692
This case lays down the principle that repeal of a law does not affect accrued rights or liabilities unless expressly stated.
Applies directly to acts like the Repealing and Amending (Second) Act, 2017, where saving clauses protect ongoing rights.
2. Union of India v. Tarak Ramchandra, AIR 1959 SC 655
The Supreme Court held that saving clauses protect ongoing actions and proceedings despite repeal.
Ensures that the repeal does not disrupt ongoing legal processes.
3. N.T. Shanmugam Pillai v. R. Gnanamuthu Pillai, AIR 1957 SC 310
Clarifies that repeal of a law is generally not retrospective and does not affect acts done before repeal.
Practical Impact
The Act further helps India to maintain a lean and relevant legal framework.
Assists law enforcement and judicial agencies by removing archaic laws.
Facilitates better public understanding of applicable laws.
Enhances governance by reducing legal ambiguities.
Summary
The Repealing and Amending (Second) Act, 2017 continues the process of repealing obsolete laws and making minor amendments to existing laws for correction and clarity. It is part of the government’s effort to modernize and simplify the legal system by removing redundant laws that no longer serve any purpose.
The Act protects accrued rights and ongoing proceedings by including saving clauses, in line with judicial principles that repeal should not unsettle settled rights.
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