Repealing Obsolete Laws | Law Commission, LESS, Ramanujam Committee

Why in news?
An editorial by NITI Aayog Member - Bibek Debroy

Reports on Obsolete laws:

• Law Commission reports: 

• In September 2014, the 248th report of the Law Commission - gave us a database of 1,086 Union laws. 
• This database excludes the 253 laws that were recommended for repeal earlier, but still continue to be on the statute books. 
• It excludes the 34 statutes that have been repealed — though some government ministries and departments don’t know that these have been removed from the law books. 
• The database also excludes the appropriation acts. 
• The 248th report recommended the repeal of 72 statutes and identified another 261 for further scrutiny. 
• In October 2014, the 249th report - 
• identified 77 more statutes for repeal. 
• There were separate recommendations on partial repeal and on the 11 World War II ordinances. 
• In October 2014, there was also the 250th report of the Law Commission. 
• This identified 73 more statutes for repeal.
• November 2014, there was the 251st report - 30 more statutes
• TOTAL number of laws identified for repeal now went up to 288

Legal Enactments Simplification Project (LESS) - Ref The Hindu

• R. Ramanujam Committee:

• Set up by the prime minister’s office in September 2014. 
• It submitted a mammoth four-volume report, more comprehensive than the Law Commission exercise. 
• Thus, we know that since 1834, 6,612 Central statutes have been enacted. 
• At some point or the other, 3,831 have been repealed. 
• Identified 1,741 Central acts for repeal. 
• 777 need to be repealed by the Union government; 
• 83 by state legislatures, since these are Central acts on state subjects; 
• 624 are Central appropriation acts; and 
• 257 are Central appropriation acts on state subjects, which, therefore, have to be repealed by state legislatures. 

What has been done so far?

• 125 statutes that have already been repealed — 
• 90 by the Repealing and Amending (Second) Act, 2015, and 
• 35 by the Repealing and Amending Act, 2015 — 
• We haven’t even done 10% yet! - WHY?
• There are cases where a statute needs to be retained, but has sections that should be scrapped. 
• There are instances where a consolidation and harmonisation exercise is required. 
• There are also instances where repeal has to be matched with new legislation to plug the gaps. These take more time than outright repeal.

Some Redundant laws:

Source: The Hindu

Law Commission of India:

• Ad hoc
• Advisory
• Not binding
• Not constitutional
• Head: conventionally retd SC judge but can a judge of HC also - at present A P Shah
• States can also make law commissions

• Memebrs legal experts

• Every 3 years
• History
• 1st Lord Macualy - 1834
• IPC, CrPC
• 1955 - 1st
• M C Setalvad
• 2012
• Venkatrama Reddy

• Law commission and Constitution
• Inspired by FR, DPSP, 39A - which says that State shall secure that the operation of the legal system promotes justice

• Constitution mein Article 372 ke neeche pre-independence law chal rahe hain - demand hai ki aise law ko badalate rehna chaahiye kyunki India badal raha hai so Central Law Commission permanently bitha do
• Composition
• 1 chairperson
• 4 members - 1 is law secretary

• Consult law ministry
• Works in research oriented manner

• SC has many a times followed recommendation of law commission

[Source: The Hindu, Indian Express]