HOW IS A LAW REPEALED IN INDIA? – EXPLAINED
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How is a law repealed?
- A law is repealed either in parts or in its entirety or just to the extent that it is in contravention with other laws.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Laws is repealed in two ways:
- Through an ordinance, or
- 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 If ordinance lapses because parliament did not approve it, the repealed law can be revived.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:
- 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.
- Laws made by Parliament will not be invalid on grounds that it would have extra territorial operation.