UPDATE ON MY POST: Clarification by Ministry of Law and Justice on Repeal and Amending Acts

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    In my post here, I had explained that the Repeal and Amending (Second) Act, 2017 that the object of Repealing and Amending Acts is not to bring in any change in law but to remove enactments which have become unnecessary. It has no legislative effect. It is merely an editorial revision intended to remove dead matter from the statute book and to reduce its volume.

    My attention has been brought to the clarification which was issued by the Ministry of Law & Justice on May 16, 2016 which iterates the exact same understanding. Read clarification here .

    The clarification reads

    “2. The Repealing and Amending Act is one of the periodical measures by which enactments which have ceased to be in force or have become obsolete, are repealed or as the case may be, amended to remove any formal defects in any such enactment which comes to notice during its administration.

    3.In this connection attention is drawn to Section 6A of the General Clause Act, 1897 which reads as “6A. Repeal of Act making textual amendment in Act or Regulation

    Where any Central Act or Regulation made after the commencement of this Act repeals any enactment by which the text of any Central Act or Regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.

    4.The repeal of an Amending Act does not affect such portions of the statute which have been already incorporated into the principle/ parent Act. The Act directing incorporation may be repealed, but the incorporated section or sections still operate in the former Act [AIR 1951 Cal 97 (99)]. Thus, the repeal of any Amending Act does not have the effect of destroying the amendment incorporated in the parent Act. The amendments made in the parent Act by the Amending Act would continue to remain in the parent Act. The repeal of the Amending Act will not affect the continuance in force of the amendments carried out by the Amending Act which have become part of the parent Act. The Supreme Court while interpreting Section 6A of the General Clauses Act, observed that the functions of the incorporating legislature is taken almost wholly as the function of effecting the incorporation and when that function is accomplished, the legislation dies as it were, a natural death which is formally effected by its repeal [AIR 1962 SC 316 (334)].

     I hope this clarification puts all second interpretations to rest and clears the panic caused in the media industry.

    Image source: here