Repeal refers to the revocation or annulment of an existing statute by a legislative act. When a statute is repealed, it ceases to be in force and is treated as if it never existed from the date of repeal, unless otherwise provided.
Repeal may be:
- Express: when a new statute explicitly states that the old law is repealed.
- Implied: when a new law contains provisions that are so inconsistent with an existing law that both cannot stand together.
The effect of repeal is governed by the General Clauses Act, 1897 in India (Section 6), which ensures that the repeal of a law does not affect prior operations of the law unless a contrary intention appears in the repealing statute.
This means that rights, liabilities, penalties, investigations, and legal proceedings initiated under the repealed statute generally continue to be valid and can be pursued as if the repeal had not happened.
Legal Consequences of Repeal:
When a statute is repealed:
- The statute is no longer operative from the date of repeal.
- Actions taken, rights accrued, and liabilities incurred before repeal remain valid.
- Legal proceedings pending at the time of repeal may continue under the old law, unless stated otherwise.
- No new rights or obligations can arise under the repealed statute after its repeal.
- A repeal does not revive an earlier statute that was previously repealed by the now-repealed law, unless expressly stated.
Example:
Suppose a law regulating licensing of shops is repealed and replaced by a new law. Any license already granted or proceeding already initiated under the old law remains valid, and penalties already imposed may still be recovered—unless the new law explicitly cancels them.
Judicial Interpretation:
The courts have consistently held that repeal does not erase the past. In State of Punjab v. Mohar Singh (1955), the Supreme Court held that unless a contrary intention is evident, the repeal of a statute does not affect existing rights, duties, or liabilities.
Code to Remember the Answer: “RALPH”
| Letter | Stands For | Explanation |
|---|---|---|
| R | Rights Remain | Rights accrued under the old law continue after repeal. |
| A | Actions Valid | Actions and penalties taken under the repealed law remain valid. |
| L | Law Ceases | The repealed law ceases to have future effect. |
| P | Proceedings Continue | Legal proceedings already begun can be continued. |
| H | Held by Courts | Courts uphold these principles unless contrary intent is expressed. |