Everything has to undergo changes during the passage of time. This change happens in the legal field too. In order to bring in new changes many of the non-functioning or obsolete laws are to be eliminated. In India where umpteen laws exists that directly or indirectly bound to the citizens in every walk of their life, certain provisions of laws or laws completely is subject to various changes in accordance with the necessity of changes for the sound functioning of judiciary. The Repeal and Amending Act 2016 plays a vital role in bringing new provisions or act in judicial system. The enactment was made on 6th May 2016 through Gazette notification.
As on rough available records, by virtue of this Act, 295 Acts are repealed and amended. Certain acts were subjected to minor amendments while some others were repealed. The Sexual Harassment of women at work place Act 2013 and first Governors Amendment Act had undergone minor amendments by virtue of this act. The repealed provisions or acts are absolutely removed or eliminated and do not have any implementation power and such repealed provisions or enactments will be published in the legislation register mentioning such repealed provisions are no longer in force. Contrary to repealing an amendment of a provision can be re enacted when part of the provision is repealed.
This act is comprised of 4 brief sections and first and second schedule. The first schedule enumerates the acts those were repealed from the year 1863 to 2013. The second schedule states the minor amendments made on the Act of Sexual Harassment of women in work place Act 2013 in sections 6,7, 24 and section 2 of Governors Amendments Act 2014.
Section 4 of the act is the savings clearly states the validity, effects or consequences suffered, principle of law, established jurisdictions, privileges, exemptions, restrictions, penalties, invalidity, rights, titles, customs, rules, regulations, practices, and procedures as it is before the commencement of this act. There is no retrospective effect of the repealed act or amended provisions until and unless it is specified in the schedule columns of the Act.
The Repealing and amendment Act by the Central Government is a restructuring or refreshing Act with the purpose of eliminating unwanted or obsolete provisions or acts and a revival clause is also not possible under the act unless and until revival of any provision or act is apparent. If any such revival or retrospective effect of repealed provisions or acts, the common rule or law will prevail by the virtue of this act .
The repealing and Amending acts are always the inevitable factor in judicial system as through the abrogation of old or laws not effective, and through proper updating of the repealed provisions of the Acts and amendments the proper functioning of judiciary, executive and legislature is ensured for the betterment and growth of the country and it mirrors the current status of existing laws in the country.