![WHAT GIVES POWER TO PARLIAMENT TO MAKE OR REPEAL LAW ?- Article 245 of the Constitution of India gives Parliament the po...](https://img3.medioq.com/602/426/358599986024266.jpg)
23/11/2021
WHAT GIVES POWER TO PARLIAMENT TO MAKE OR REPEAL LAW ?
- Article 245 of the Constitution of India gives Parliament the power to make laws and also to repeal them through Repealing and Amending Act.
- The Act was first passed in 1950 when 72 Acts were Repealed.
WHY LAWS ARE REPEALED ?
- Repealing law is one of the way to Nullify that law.
- Generally, Laws are repealed to remove inconsistencies after they have served thier purpose.
- When new laws aee enacted, old laws on the subject are repealed by inserting a repeal clause in the new law.
WHAT ARE EXACT PROCESS OF REPEALING LAWS ?
- Parliament can Repeal law in two ways- it can either bring a bill to repeal any law or it can promulgate an ordinance that will have to be subsequently replaced with a Bill within six months in order to repeal that law.
- Legislation can also have a 'Sunset' clause, a particular date after which they cease to exist.
- Eg: Terrorist and Disruptive Activities (Prevention) Act 1987 commonly known as TADA, had a sunset clause and was allowed to lapse in 1995.
- The Repealing and Amending (Amendment) Bill will pas through same procedure as any other Bills. It will have to clear by both the houses of Legislature and President would give his assent to make it a law or to Repeal it.
WHICH LAWS WERE REPEALED BY PARLIAMENT IN RECENT YEARS ?
- The Repealing and Amending (Amendment) Provision which we discussed above was recently invoked in 2019 when Union Government sought to repeal 58 obsolete laws and make minor amendments ro the Income Tax Act, 1961 and the Indian Institute of Management Act, 2017.
- In 2015, ahead of Bihar Election, government agreed to bring back crucial clauses of the Land acquisition law of 2013 after its proposed amendments met opposition in Rajya Sabha.
WHAT ARE EXTENTS OF LAWS MADE BY PARLIAMENT AND STATE LEGISLATURE AS PER THE CONSTITUTION ?
- The Clause (1) of Article 245 States Parliament may make laws for whole or any part of territory of India, and State Legislature may make laws for whole any part of that state.
- The Clause (2) further says No Law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation.