Centre for Civil Society (CCS), India’s leading think-tank advocating social change through public policy, organized the Appeal for Repeal Law Day 2018, through the launch of “Repeal Law Compendiums” for 6 States of India. To mark the occasion of the ‘Constitution Day of India’, the launch was followed by a panel discussion on ‘Exploring Alternatives: Institutionalization of Repeal of Laws’. The eminent panel consisting of India’s prominent legal, legislative and industry experts such as Tariq Anwar, Former Union Minister; P K Malhotra, Former Law Secretary, Ministry of Law & Justice; Maneesh Chhibber, Editor (Investigations and Special Projects), The Print; Satya Prakash, Legal Editor, The Tribune; Hemant Batra, Founder and Chairman, Kaden Boriss Global and Neeti Shikha, National Coordinator, Repeal of Laws initiative, Centre for Civil Society; addressed the imperative need for a legal framework that recognizes the immediate exigency to scrap or amend obsolete, redundant and illegal laws that materially impede the lives of citizens, entrepreneurs and/or the Government.The Repeal Law Compendiums are produced by CCS, in collaboration with Research Partners- Symbiosis Law School, Noida (SLS), Gujarat National Law University, Gandhinagar, National Academy of Legal Studies & Research (NALSAR), Hyderabad, National Law School of India University (NLSIU), Bangalore, University of Jammu, Jammu & Kashmir and our Legal Partners, Kaden Boriss who ensure that the laws selected for the compendiums are in keeping with the evolving jurisprudence.
The 2018 Compendiums bring forth laws to be repealed in the 6 states of Assam, Gujarat, Meghalaya, Mizoram, Tripura and Jammu & Kashmir.During the panel discussion P K Malhotra, Former Law Secretary, Ministry of Law & Justice, emphasized the “need to add sunset clauses to laws, to ensure that these don’t reach a point of obscurity.” He also suggested that the courts could adopt the practice of desuetude, a norm where laws that have not been used or enforced for a long period would lapse automatically. Reiterating this sentiment, Hemant K Batra propounded that the separation of roles between the legislative and the judiciary is paramount, and the legal systems needs to “reflect, enable and embolden the aspirations of the people and change with the times”.Bringing together like minded organizations, scholars, academicians and lawyers, the panel engaged in a constructive dialogue around the potential processes required for the institutionalization of repeal of laws, and acknowledge 26 November as the National Repeal Law Day.
About Repeal of Laws Initiative
Centre of Civil Society (CCS) initiated the ‘Repeal of 100 Laws’ Project in 2014 with the aim to identify laws that could be repealed on account of three reasons-i) redundancy, ii) obsolescence in the face of new laws, and iii) hindrance to development, governance and freedom. The success of ‘Repeal of 100 Laws’ Project, conducted in partnership with National Institute of Public Finance and Policy (NIPFP) and Vidhi Centre for Legal Policy, was reflected in the successful repeal of 23 Central laws (of a total 100 suggestions) through the Repealing and Amending Bill, 2014. 5 state compendiums with 25 laws each were released in 2017 towards furthering the mission of the project.