Year

Act No.

(See section 2)

REPEALS

Legal Commentary on Repealing and Amending Act, 2023

Section: Schedule III

Introduction

The Schedule III of the Repealing and Amending Act, 2023 lists the specific enactments, provisions, or sections that are repealed or amended by the Act. It functions as the detailed enumeration of laws or parts thereof that are affected, providing clarity on the legislative intent to excise obsolete or redundant statutes and to clarify the current legal framework.

What does Section Says

Schedule III specifies the particular laws, sections, or provisions that are either repealed or amended by the Act. It serves as the authoritative list that guides the legal effect of the Act, clarifying which enactments are to be considered nullified and which are to be modified, ensuring that the legislative intent is clear and unambiguous.

Essential Ingredients

• Enumeration of laws: Clear listing of laws, sections, or provisions affected.
• Legislative intent: To remove outdated, redundant, or obsolete laws, or to correct technical issues.
• Legal effect: Repeal or amendment as specified, with effect from the date of the Act or as indicated.
• Saving clauses: Often accompanied by provisions that preserve rights or liabilities already incurred or proceedings pending.
• Specificity: Precise identification of laws or parts thereof to avoid ambiguity.

Scope of Section

• Legal clarity: Provides a comprehensive list of laws affected, ensuring no ambiguity regarding the repeal or amendment.
• Scope of effect: Usually covers laws enacted before the Act, including amendments, repeals, or modifications.
• Temporal scope: Specifies whether laws are repealed prospectively or retrospectively.
• Operational scope: Affects the legal status of laws, their enforceability, and related proceedings.
• Impact on legal rights: May affect ongoing or pending proceedings, rights, liabilities, or obligations.

Punishment for Section

• No direct punishment: The Schedule III itself does not prescribe punishments; it merely delineates affected laws.
• Legal consequences: Repeal or amendment can lead to legal voidance of certain rights, obligations, or liabilities, potentially resulting in legal disputes or procedural challenges.
• Legal invalidity: Laws or provisions listed are considered null and void, which can influence criminal, civil, or administrative proceedings.
• Liability implications: Past liabilities or liabilities arising under repealed laws may need to be addressed under transitional or saving provisions.

Legal Comments

• "Legislative excision" - Schedule III exemplifies the exercise of legislative "spring-cleaning," removing laws that have outlived their utility, as per principles discussed in Khuda Bux v. Manager [AIR 1954 Calcutta 484].
• "Specific enumeration" - Precise listing ensures clarity; similar to the approach in Maxwell’s Interpretation of Statutes, where laws incorporated by reference continue unless explicitly repealed [Maxwell, 10th Ed., p. 406].
• "Protection of accrued rights" - Often accompanied by saving clauses, consistent with Section 6A of the General Clauses Act, which preserves rights or liabilities already incurred [Section 6A, GCA, 1897].
• "Effect of repeal" - Repeal of laws listed in Schedule III does not automatically revive older laws or rights unless explicitly stated, aligning with the principles in Jethanand Betab [AIR 1960 SC 89].
• "Editorial purpose" - Schedule III reflects the Parliament’s intent for "editorial revision," removing obsolete laws to streamline the statute book, as emphasized in Khuda Bux [AIR 1954 Calcutta 484].
• "Impact on pending proceedings" - Laws repealed in Schedule III generally do not affect ongoing proceedings unless explicitly preserved, similar to the principles in the case of Urban Land (Ceiling and Regulation) Act, 1976 [Section 4, Repealing Act].
• "Legal certainty" - Listing in Schedule III provides certainty and avoids legal disputes regarding the validity of laws or provisions, as seen in the Supreme Court’s stance on repealing Acts.
• "Retrospective effect" - Repeals generally take effect from the date of enactment unless specified otherwise, consistent with the general principles of statutory interpretation.
• "No legislative effect" - Repealing Acts, including Schedule III, aim at "excision" rather than substantive change, as elaborated in Halsbury’s Laws of England [Vol. 31, p. 563].
• "Preservation of rights" - Rights or liabilities already incurred under laws listed in Schedule III are often protected by specific clauses, following the pattern in Section 4 of the Repealing Act [2001].
• "Clarification and certainty" - Schedule III provides legislative clarity, ensuring that the affected laws are explicitly identified, preventing future ambiguity or litigation.
• "Legislative economy" - The exercise of repealing laws via Schedule III contributes to legislative economy, reducing unnecessary statutory clutter, as supported by jurisprudence in Khuda Bux.
• "Legal continuity" - Laws not listed in Schedule III continue to be in force, maintaining legal continuity, unless explicitly amended or repealed elsewhere.
• "Impact on criminal and civil law" - Repeals of specific provisions can impact criminal liabilities, procedural rules, or civil obligations, necessitating careful review of Schedule III entries.
• "Judicial review" - Entries in Schedule III are subject to judicial review if challenged, but courts generally uphold the legislative intent unless procedural violations are evident.

In summary, Schedule III of the Repealing and Amending Act, 2023 embodies the legislative exercise of "spring-cleaning," systematically removing or amending outdated or redundant laws to streamline the legal framework. Its effect is governed by well-established principles of statutory interpretation, with safeguards to protect rights already accrued and ongoing proceedings, ensuring legal certainty and clarity.