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GOVERNMENT of INDIA LAW COMMISSION of INDIA Report No GOVERNMENT OF INDIA LAW COMMISSION OF INDIA Report No. 248 “Obsolete Laws : Warranting Immediate Repeal” (Interim Report) September, 2014 D.O. No.6(3)211/2011-LC(LS) 12th September, 2014 Dear Mr. Ravi Shankar Prasad ji, A project “Identification of Obsolete Laws” was undertaken by the 19th Law Commission suo moto. No significant progress could be made as the term of the Commission ended. The 20th Law Commission thus decided to continue with the project. Various Ministries were approached seeking relevant informations. In the meantime the Hon’ble Union Minister for Law and Justice wrote to the Commission (24th June, 2014) asking its suggestions and recommendations on same subject. Keeping above in view, the Commission decided to undertake a study “The Legal Enactments : Simplifications and Streamlining”. As the study would be completed in instalments, the first of such instalment : “Obsolete Laws : Warranting Immediate Repeal” – An Interim Report No. 248 is being submitted to the Minister. Hope the suggestions and recommendations contained would constitute a major step in the direction of simplifying the legal structure. With warm regards, Yours sincerely, [Ajit Prakash Shah] Mr. Ravi Shankar Prasad Hon’ble Minister for Law and Justice Government of India Shastri Bhawan New Delhi - 110115 ii “Obsolete Laws : Warranting Immediate Repeal” (Interim Report) Table of Contents Chapter Title Page 1. Introduction and Background 1-3 2. Methodology: Subject 4-5 Categorisation and Classification 3. Findings, Conclusions and 6-9 Recommendations 4. Laws Recommended for Repeal 10-49 Appendices Appendix - I Categories of Central Laws 50-118 Appendix – II List recommended for repeal by 119-137 various Commissions but not repealed by Parliament Appendix – III Repealed laws that are listed in 138-140 the Law Ministry’s Chronological List of Central Acts Appendix – IV List of laws passed by 141 Parliament that are not listed on the Law Ministry’s chrolonological list of Central Acts Appendix – V List of Statutes for further study 142-155 with a view to assess suitability for repeal iii Chapter 1 INTRODUCTION & BACKGROUND 1.1 A project “Identification of Obsolete Laws” was undertaken by the 19th Law Commission. Ministries / Departments of the Government were approached (on 22.05.2012) seeking the list of such laws / Acts administratively concerned with them respectively. Subsequently after the constitution of the 20th Law Commission, a reminder was sent to these Ministries / Departments. Some responses though not very significant in number, were received. In the meantime, a letter from the Hon’ble Minister for Law and Justice dated 24 June 2014 asking the Commission to give its suggestions and recommendations on the same subject was received. 1.2 Keeping above in view, the Commission decided to pursue a study “The Legal Enactments : Simplification and Streamlining” and a Committee for the purpose comprising Justice S N Kapoor, Member, Law Commission, Prof. Mool Chand Sharma, Member, Law Commission, Prof. Yogesh Tyagi, Member (Part Time), Law Commission, Mr. Arghya Sengupta and Ms. Srijoni Sen, Advocates from Vidhi Centre for Legal Policy has been appointed. 1.3 The Study would be completed in instalments and accordingly a number of volumes of the reports will be submitted to the Government as the study proceeds. In a nutshell the Study will chart out a detailed roadmap and make suggestions for updating, simplifying, streamlining and rationalising, and amending laws and legal structures. 1 1.4 In the Commission’s view a study like this has a holistic approach and long-term objectives to achieve including that of suggesting ways and steps for modernisation and reforms of laws and of legal structures. Such a study has to begin by identifying and recommending repealing of laws which are obsolete and have ceased to be relevant. More important. Such a study needs to identify laws which are inconsistent with modern and newer laws, with Supreme Court Judgements and international conventions signed and ratified by India. Also such a study is required to focus its efforts to cull out those laws that impose heavy burden and whose costs outweigh their benefits and are thus in need of simplification, amendments or repeal. The study also need to attend to crucial and consequential requirement of identifying and suggesting laws which need amendments so as to be relevant and in tune with the changing needs of the time. 1.5 As a first, and as a foundational step for accomplishing larger objectives of the study the Commission is required to begin by identifying laws which have become obsolete and thus to be recommended for immediate repeal. In making such a beginning of its study the Commission took special note of what was earlier observed in its 96th report : “Every legislature is expected to undertake what may be called the periodical spring-clearing of the corpus of its Statute Law, in order that dead wood may be removed and citizens may be spared of the inconvenience of taking notice of laws which have ceased to bear any relevance to current conditions. This process in itself, assumes still greater importance in modern times when Statue 2 Law is growing in bulk and magnitude....”. One of the main reasons identified by the 96th report calling for repealing obsolete laws was the call of modern times. It is important to note that the 96th report was presented way back in the year 1984 and two decades since then have seen such fast changes which probably were never witnessed in the history so far. Thus, the force of the call for repeal of obsolete laws and need for modernisation gets reinforced. 1.6 In the course of the Commission’s research, unpublished work by the 100 Laws Repeal Project, a citizens’ coalition initiative comprising Centre for Civil Society, Macrofinance Group of NIPFP, amongst others was brought to our notice, together with several scholarly pieces and newspaper articles on this issue. The Commission would like to acknowledge these contributions which benefited its Report. 3 Chapter 2 METHODOLOGY: SUBJECT-CATEGORISATION AND CLASSIFICATION 2.1 Before proceeding on the identification of obsolete laws, it would be relevant to say few words about the methodology adopted and its significance in accomplishing the study. It may be added here that the Commission was convinced that for any authentic and enduring approach to the study at hand devising a methodology that would help in collating, classifying and in grouping huge gamut of laws spread in vast corpus of enactments scientifically was crucial. The approach thus devised was to draw classification of various laws into groups and locate them under an assigned subject-category to which a class-group of laws ideally belongs. Based on detailed discussions and deliberations these ‘subject-categories’ were drawn and ‘classification’ of all the central laws into groups was done. 2.2 For drawing subject-categories, available existing literature was examined, especially relating to the US approach where what is called the ‘title-method’ has been adopted to bring respective classes of laws under an assigned title. Apart from US approach what proved very relevant was a closer look in the subject-classification adopted in the VIIth Schedule of the Constitution for allocating different subjects in three lists, Union/State/Concurrent for the purpose of law making by the Union, or the State Legislature accordingly and in certain situations empowering both to draw upon the same subject for making 4 laws of course subject to certain defined limitations in such situations. In addition to these two important sources, literature available in various journals too was reflected upon. All these three sources proved to be of great help in devising the methodology as described above. 2.3 By taking recourse to methodology of drawing subject-categories and mapping out classification into groups existing corpus of statutes, it became easier to organize all existing Central laws numbering 1086 into 49 carefully demarcated ‘subject-categories’. (Please see Appendix – I) 2.4 It may not be out of context of the study undertaken that such classification and subject- categorisation would be of much help in developing an understanding as to how many laws in how many ways cut across or overlap or contradict amongst themselves or what can be described as suffering from problem of inconsistency and / or overlapping. Adoption of such methodology would make the task of the Commission easier in determining laws suffering from ‘irrelevancy’ or ‘lacking nuances to meet the needs of times’ thus demanding either amendments or introduction of new laws. Of course, the later two issues would form the subject matter for further course that the study would adopt. 5 Chapter 3 FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 3.1 In the past the Commission has submitted various reports identifying number of laws as obsolete which demanded repeal (see Law Commission Report Nos 18, 81, 96, 148, 159). Commission’s 18th and 81st Reports recommended the repeal of particular colonial law. The 18th Report sought to repeal of ‘Converts Marriage Dissolution Act’ and the 81st Report recommended the repeal of ‘Hindu Widows Remarriage Act’. The 96th Report recommended repeal of the substantial number of obsolete laws. Once again the Commission in its 148th Report suggested repeal of a number of laws. Following the same path in its 159th Report submitted in the year 1998 the Commission recommended a substantial number of laws for repeal. Many of the laws identified as obsolete in these reports have been repealed. The Government also in 1998 appointed the P.C. Jain Commission which gave its report in September 1998 identifying a large body of laws for the purpose of repeal. 3.2 The Commission found that 253 laws despite having been recommended for repeal in above mentioned reports still exist on the statute-books (for details about these 253 laws please see Appendix – II).
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