The Indian Prime Minister’s recent declaration that the three contentious farm laws of 2020 will be repealed in the upcoming winter session of Parliament has thrown light on the legislative power of Parliament. This article explores the constitutional authority behind this repeal, the ways laws can be repealed, and the implications of such a decision.
The Power of Parliament to Make and Repeal Laws
Article 245 of the Constitution endows Parliament with the right to establish rules for all or any segment of India. This same provision also authorizes Parliament to revoke a law. The ability of Parliament to repeal a law mirrors its capacity to enact one under Constitutional rights. A law may either be fully rescinded, partially invalidated, or repealed to the extent that it conflicts with other laws.
Sunset Clause and Its Effect
A law could include a ‘sunset clause’, which specifies an expiration date after which the legislation becomes obsolete. For instance, the anti-terror law known as the Terrorist and Disruptive Activities (Prevention) Act, 1987, carried a sunset clause as a result of which it was allowed to lapse in 1995.
Methods of Repealing Laws
Laws without a sunset clause require the passage of separate legislation for their repeal. There are two primary methods through which laws can be annulled – issuance of an ordinance, or via legislation.
Repealing Through Ordinances
When an ordinance is deployed for repealing a law, it necessitates a follow-up with a law ratified by Parliament within six months. If the ordinance fails to gain Parliament’s approval and consequently lapses, the repealed law can be reinstated.
Legislative Repeal of Laws
The government must secure the approval of both Houses of Parliament as well as the President to pass legislation that repeals the farm laws. All three farm laws can be repealed through a single piece of legislation. The standard protocol involves the introduction of Bills titled ‘Repealing and Amendment’ for this purpose. The procedure from moving these Bills forward is identical to that of any other Bill.
Recent Use of Repealing and Amendment Provision
The Repealing and Amendment provision was last used in 2019. The Union government invoked it to eradicate 58 outdated laws and to make minor adjustments to the Income Tax Act, 1961 and The Indian Institutes of Management Act, 2017. Such changes demonstrate that the landscape of legal enforcement is dynamic, reflecting societal changes and government priorities.
Remember, the repeal of a law doesn’t just represent the end of a specific legislative action. It also symbolizes the evolution of societal perspectives and governmental stances over time, contributing to the ever-changing fabric of our legislative framework.