The repeal of an act is the abrogation of an existing law by a subsequent law and amendment is the addition or reduction of any portion of an existing law. The Repealing and amendment of any law is an inevitable factor in a country particularly in a democratic nation. In India there is time to time amendment and repeal of the act is done for the proper implementation of the law and order in accordance with the necessity for the amendment or repeal of an act. It is always the need of an hour to discard obsolete laws or to incorporate more amendments in any existing laws that would serve the purpose of law and order in accordance with the current period and time by virtue of Article 245 of the constitution of India. The Repeal and Amending Act 2019 came into existence on 8th august 2019 with four brief sections. The prime focus of the Act is to repeal 58 old acts as specified in section 2. By virtue of section 2 of the act all acts mentioned in the first schedule of the act is completely repealed.
According to section 3 acts subject to amendments are specified in the fourth column of the second schedule of the act and section 4 has the saving clauses of the act. Minor amendments are made in the Income Tax act 1961 and India Institute of Management Act 2017.
Though the Act has repealed and amended several old enactments the saving clause in section 4 states that the act will not affect the validity, invalidity, claim, penalty, obligation, principle or rule of law, existing usage or custom, established jurisdiction or any other features of the repealed act already applied and still in force. The act does not affect any restoration of Jurisdiction, practice, procedures and privileges, rights, liabilities, restriction, that are existing in force.
One of the most important advantage of Repeal and Amendment of acts is the speedy Governance. The prime importance of repeal of the act is to bring changes not only as a substantial law but also as procedural for effective implementation of the changes brought in through the repeal or amendment. The necessity of repeal or amendment occurs when there is any conflict in laws or when any permanent statute remains inoperative or ineffective without serving any judicial purpose.
Major effects of repeal and amendment is unless and until mentions in the saving clause all other portions of the repealed act is absolutely dead, ineffective and nonoperative and considered as unconstitutional. If there is no saving clause the entire act is completely repudiated and the rights created in the old act will be totally removed. The union and state legislature has the power to repeal or amend laws with the objective of bringing social, economic and political change in the land.
The amendment and Repeal is an effective machinery for the applicability and proper function of judicial system in the country that will eliminate unnecessary old enactments that no longer serve any purpose.