By: Changhez Khan
fter the Prime Minister Narendra Modi recently announced that his government is going to repeal the three controversial farm laws, people want to know the procedure of repealing a statues passed by the Parliament. As the Government plans to initiate the process of repealing these three laws, let us explain the process of repealing. The procedure of passing a law by the parliament of India is a long process. Parliament is the body entitled to make laws. A bill is tabled in either house of the Parliament for consideration. Though, the rules suggest that a Money Bill cannot be introduced in Rajya Sabha.
A Bill is a draft statute and it can be introduced either by a minister or by a private member. If a minister tables a bill it’s a government bill and in case of any member of the house, it is a private member bill. It is necessary for a member-in-charge of the bill to ask for the leave of the house to introduce it. This process is known as the first reading of the bill.
A bill only becomes law after it is passed by both the Houses of Parliament and then get the assent of the President of India. As per the rules, all legislative proposals are brought before Parliament in the form of a Bill. Once the Bill is passed by both houses of the Parliament and assented to by the Head of the State i.e. President, it becomes a law. Usually, most of the acts come into force, or become legally enforceable in a way, as suggested in the act itself. Repealing of a Law The term repeal means to revoke, abrogate or to cancel a particular statute in part or as a whole.
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The constitution of India grants the Legislature the power to enact laws. Similarly, the legislature has the power to repeal laws. The ability of the Legislature depends upon the possession of the power to repeal the existing law. The legislative power to repeal prior laws is not subdued by any constitutional prohibitions. The power to repeal exists as a necessary part and increment of the legislative power and function. The provisions suggest that no statute or Act can make themselves secure against repeal. Article 245 of the Constitution which gives Parliament the power to make laws. The same Article also gives the legislative body the power to repeal them through the Repealing and Amending Act.
The rulebook of the parliament says, “A statute is either perpetual or temporary. It is perpetual when no time is fixed for its duration, and such a statute remains in force until its repeal which may be expressed or implied.” The laws have a sunset clause or the clause of expiry inserted in them. If a law doesn’t have such a clause then the parliament shall pass a new legislation to repeal it. The passing of a new law to repeal the older one is the same as passing a new one.
An Act can be repealed either through an ordinance, or through legislation. If the government decides to go a legislation way, it would need to replace the ordinance by a law passed by Parliament within the six months. In case the ordinance lapses as it may not be approved by Parliament, the repealed laws will be revived. Government can repeal one or more laws by a single ordinance or a single Bill.
Author is an advocate and practices law at the Supreme Court of India. He can be mailed at email@example.com