# साधारण खण्ड अधिनियम, 1897 के अन्तर्गत निरसन का प्रभाव Effects of repeal under the General Clauses Act, 1897:

 निरसन का प्रभाव   Effects of repeal

The General Clauses Act, 1897 (GCA) plays a pivotal role in the interpretation of statutes in India, especially when dealing with the effects of repeal of laws. The provisions of the GCA provide guidance on how to interpret the repeal of a statute, and its implications, and clarify the consequences of repealing an enactment.

Understanding Repeal under the General Clauses Act, 1897

The term "repeal" refers to the formal revocation or annulment of a law, rule, or enactment by a subsequent legislative act. Under the General Clauses Act, the repeal of a statute is not just the simple abrogation of the law; it involves several key legal consequences.

Key Provisions Relating to Repeal in the General Clauses Act, 1897

Section 6 of the General Clauses Act, 1897

This section governs the effect of the repeal of any Act, rule, regulation, or other law and provides guidance on how to interpret the consequences of such repeal. It states the following:

1.            Revocation of Statutory Provisions

o             When a statute is repealed, all previous actions taken under that statute remain valid and in force unless explicitly stated otherwise.

o             Repeal does not affect the rights or obligations that arose during the time the statute was in force.

2.            Saving Clause for Past Actions

o             Section 6(1) provides that any rights, privileges, obligations, or liabilities acquired, accrued, or incurred under the repealed Act shall continue to be enforceable as if the Act had not been repealed.

o             This implies that the validity of actions taken, contracts entered into, or penalties imposed under the repealed statute are preserved, and the person affected by such actions retains the right to challenge them under the repealed law, subject to the new law’s provisions.

3.            Continuation of Orders, Regulations, etc.

o             Section 6(2) states that any orders, rules, regulations, or notifications made under the repealed Act remain valid unless they are inconsistent with the new enactment or are expressly repealed.

o             The continuity of administrative orders made under a law, even after its repeal, ensures that the legal framework is not abruptly disrupted, and all government action continues to operate smoothly until a new law or replacement is enacted.

4.            Effect of a Repealing Act

o             Section 6(3) provides that if a law is repealed and re-enacted with or without modification, the re-enacted law is treated as an extension of the original law. Thus, the legal effect of the re-enacted statute can take into account past actions and obligations, and the same principles apply to the interpretation of the re-enacted law.

o             This also ensures that the repeal of a law and its re-enactment does not lead to a discontinuity or destruction of the existing legal rights, obligations, or liabilities.

Implications of Repeal in Context of Interpretation of Statutes

1.            Preservation of Rights and Liabilities

o             The repeal does not affect actions taken under the previous law unless the new statute specifically states otherwise.

o             This means that a person who has gained rights under the old law (for example, in contracts, property rights, etc.) will continue to retain those rights even after the law has been repealed.

2.            Saving of Pending Proceedings

o             Repeal does not affect any proceedings that were already pending under the repealed law at the time of its repeal, unless the new legislation provides for a change in the procedure or substance.

o             For instance, if a case is in progress before a court under the provisions of a repealed law, the new law will not automatically interfere with or annul that case unless a provision for discontinuance is made.

3.            Effect on Subordinate Legislation

o             If a statute is repealed, any subordinate legislation (rules, orders, etc.) made under that statute may remain in effect unless directly repealed or modified by the new law. This ensures legal continuity and helps in managing ongoing administrative functions.

o             The subordinate legislation continues to be binding unless the new statute expressly overrides or annuls it.

4.            Applicability to Re-enacted Laws

o             If a statute is repealed and re-enacted, the provisions of the new law are presumed to continue the legal framework of the old law, unless expressly stated otherwise.

o             In such cases, the actions taken under the old statute are considered valid, and the rights or liabilities created under the earlier law are preserved.

5.            Implied Repeal:

o             If a subsequent law is passed that is inconsistent with the earlier law, the later law may impliedly repeal the earlier one, though the repealing law may not explicitly mention the repeal of the previous law. The principle of implied repeal operates when two laws conflict or when one law is made in such a way that it supersedes the earlier law entirely.

Illustrative Case:

Union of India v. W.N. Chadha (1993)

•             Facts: In this case, the issue was whether the provisions of the Foreign Exchange Regulation Act, 1973 (FERA) continued to apply after the law was repealed and replaced by the Foreign Exchange Management Act, 1999 (FEMA). The Supreme Court considered the effect of repeal under the General Clauses Act.

•             Principle Applied: The court ruled that rights and obligations arising under the repealed law would continue to be enforceable, as they were not affected by the repeal unless specifically stated in the new enactment.

Conclusion

The effects of repeal under the General Clauses Act, 1897 ensure that the repeal of a statute does not automatically negate rights or obligations created under it, and provides a framework to continue administrative actions, rules, and orders made under the previous law. It helps in ensuring continuity in governance and legal relations, even in the face of legislative changes, by preserving rights, actions, and proceedings unless a specific provision indicates otherwise. This principle is vital for maintaining legal stability and consistency when statutes are repealed or amended.