By K P C Rao, LLB, FCMA, FCS.,
CMA (USA)., FIPA (Australia)
Practicing Company Secretary
The Law Commission submitted its interim report on “Obsolete Laws: Warranting Immediate Repeal” to the Law Ministry on September 12, 2014. This is the first report of the study on “The Legal Enactments: Simplifications and Streamlining”being undertaken by the Commission.
In its report, the Law Commission noted that 253 laws, despite having been recommended for repeal in earlier reports, still exist in the statute books. The Commission has asked the concerned Ministries for their observations on why these laws still exist.
The Law Commission also made some specific recommendations:
(i) So far, 72 statutes have been found to be fit for repeal. This is because: (i) the subject matter of the law in question is outdated, or (ii) the law is no longer needed to govern that subject, or (iii) there is newer law governing the same subject matter.
(ii) Only those Appropriation Acts that are older than 10 years may be repealed. This would result in the repeal of more than 700 laws. Further, including a repeal clause in the Appropriation Act every year would be useful.
(iii) 34 laws which have already been repealed are still available on the ministry websites. These laws must be removed.