Express Repeal refers to the deliberate and unambiguous annulment of an existing statute (or part of it) by a later statute, where the intention to repeal is explicitly stated in the text of the new law. This form of repeal does not require judicial interpretation or inference; the statute itself clearly declares that the earlier law stands repealed.
Express repeal is a direct method used by the legislature to remove outdated, redundant, conflicting, or replaced statutory provisions from the legal system. It is the most transparent and least controversial method of repealing an earlier statute, as it involves no assumptions or implications.
Legal Basis and Legislative Practice:
When the legislature intends to repeal a previous law, it usually includes a repealing clause in the new statute. Common phrases used include:
- “The XYZ Act, 1950 is hereby repealed.”
- “The provisions of ABC Act shall stand repealed.”
- “Notwithstanding anything inconsistent in the previous enactment…”
Such clear legislative language helps in ensuring legal clarity and certainty, preventing potential conflicts between old and new laws. Express repeal is especially important in:
- Codification or Consolidation of laws (e.g., combining several laws into one statute).
- Replacing older laws with updated legal frameworks (e.g., repealing colonial-era laws).
- Eliminating redundancy or conflict between overlapping statutes.
Legal Effect of Express Repeal:
When an express repeal occurs:
- The earlier statute ceases to be in force from the date specified in the new statute (or from its enactment if no date is given).
- Legal rights and liabilities that were already accrued under the old law may still be preserved through saving clauses in the new law.
- Pending proceedings under the old law may also continue if the repeal statute includes transitional provisions or express savings.
The General Clauses Act, 1897, Section 6, provides that unless a contrary intention appears, the repeal of a statute shall not affect:
- The previous operation of the repealed enactment;
- Any right, obligation, or liability already acquired;
- Any penalty incurred or legal proceedings initiated under the repealed law.
This means that express repeal does not automatically nullify past actions under the repealed law unless the legislature clearly intends so.
Example:
Suppose the Parliament passes a new legislation titled “Environment Protection (Regulation) Act, 2025”, which includes the clause:
“The Environment Control Act, 1980 is hereby repealed.”
This clause is an express repeal. The repeal is clear, formal, and effective. From the commencement of the 2025 Act, the 1980 Act no longer has legal effect unless some of its provisions are explicitly saved or re-enacted.
Judicial Position:
Courts recognize express repeal as a legislative function that does not require interpretation. In the case of State of Orissa v. M.A. Tulloch & Co. (1964 AIR 1284), the Supreme Court held that if a later enactment clearly indicates its intent to repeal an earlier one, such repeal is binding, and courts must give effect to it without hesitation.
However, courts will also examine whether the saving clauses protect previously acquired rights, and whether Section 6 of the General Clauses Act applies to preserve pending matters.
Code to Remember the Answer – CLEAR
| Letter | Stands For | Detailed Explanation |
|---|---|---|
| C | Clear Legislative Intent | The statute must explicitly state the intention to repeal the earlier enactment. |
| L | Literal Words Used | Specific terms like “is hereby repealed” make the repeal formal and direct. |
| E | Express and Unequivocal | No implication is needed; repeal is stated clearly in writing. |
| A | Avoids Confusion | Prevents overlapping or conflicting laws from co-existing, maintaining legal clarity. |
| R | Rights May Be Saved | Accrued rights, penalties, or legal proceedings may continue under Section 6, GCA. |