How is a Law repealed in India? – Explained

Prime Minister Narendra Modi announced on November 19, 2021 to repeal all the three farm laws that were passed in 2020.

What does repeal of laws mean?     

  • Repealing a law is the process of nullifying it. Parliament reverse a law, when Parliament thinks the law is no longer required.
  • Legislation can also set a “sunset clause”, which is a particular date after which laws cease to exist.
  • Laws which are not having a sunset clause, Parliament passes another legislation to repeal it.

How government gets power to repeal a law?

Parliament is empowered to make laws for any part of India and state legislatures is empowered to make laws for state in accordance with Article 245 of the Constitution. Article 245 also provide power to repeal a law when it is no longer needed.

How is a law repealed?

A law is repealed either in parts or in its entirety or just to the extent that it is in contravention with other laws.

Process of repealing a law

Laws is repealed in two ways:

  1. Through an ordinance, or
  2. Through legislation.

Repealing through ordinance

In case or repealing through ordinance, Parliament passes a law to replace it within six months. If ordinance lapses because parliament did not approve it, the repealed law can be revived.

Article 245

Article 245 of the constitution provides for the extent of laws made by Parliament as well as the Legislatures of States. This article states that:

  1. Parliament is empowered to make laws for whole or any part of India, while state legislature is empowered to make laws for whole or any part of the State.
  2. Laws made by Parliament will not be invalid on grounds that it would have extra territorial operation.

Month: 

Category: 

Topics: 

Latest E-Books

Comments