Explained: The process for repealing a law

What is the News?

The Prime Minister has announced that the three contentious farm laws would be repealed. The process of repealing the laws will take place in the upcoming Winter Session of Parliament.

What do you mean by Repealing the Law?

Repealing a law is one of the ways to nullify a law. A law is reversed when Parliament thinks there is no longer a need for the law to exist. 

Legislation can also have a “sunset” clause, a particular date after which they cease to exist. For example, the anti-terror legislation Terrorist and Disruptive Activities (Prevention) Act 1987, commonly known as TADA, had a sunset clause, and was allowed to lapse in 1995.

For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.

How can the Government repeal a law?

Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state. Parliament draws its power to repeal a law from the same provision.

What is the process for repealing a law?

Laws can be repealed in two ways — either through an ordinance or through legislation.

Ordinance: In case an ordinance is used, it would need to be replaced by a law passed by Parliament within six months. If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.

Legislation: The government can also bring legislation to repeal the farm laws. It will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect. Usually, Bills titled Repealing and Amendment are introduced for this purpose.

Source: This post is based on the article “Explained: The process for repealing a law” published by Indian Express on 19th Nov 2021.