 "We want 250 obsolete laws to be repealed: A P Shah")
A P Shah, chairman of the Law Commission of India, is set to hand over a report to the government, recommending statute laws that are outdated be repealed. In an interview with Sudipto Dey, Shah says only periodic spring-clearing will help remove the deadwood in the statute laws. Edited excerpts:
What efforts has the commission made to identify and recommend the repeal of outdated laws?
Every legislature is expected to undertake periodic spring-clearing of the corpus of statute laws. The idea is to remove the deadwood so that citizens are spared the inconvenience of taking notice of laws that have ceased to bear any relevance to current conditions. This is particularly relevant in current times, as the number of laws is growing. The repeal of laws is the call of modern times. The Law Commission has undertaken a study titled The Legal Enactments: Simplification & Streamlining. The study is to identify and recommend the repeal of laws that are obsolete. It identifies laws that are inconsistent with modern and new laws, inconsistent with Supreme Court judgments or international conventions and treaties signed and ratified by India or laws whose costs outweigh their benefits. The next part of the study is to update certain commercial laws, such as the insolvency law, maritime law or the Contract Act.
How many such laws has the commission recommended for repeal?
In our last report to the government, in September, we recommended the repeal of 72 laws. When it comes to appropriation Acts, we have recommended either the Australian or the UK system. In Australia, the law has a clause for repeal, as is the case with laws in the UK. We have recommended the repeal of appropriation Acts that are more than 10 years old; that will mean about 700 laws.
In our latest report to be given to the government this week, we are recommending another 113 laws be repealed. Of these, 88 are for complete repeal, while for 35, some of the provisions have become redundant. In those cases, we have recommended partial repeal. There are 17 war-time ordinances that were passed under the 1935 Act. All of those have become irrelevant. So, we have recommended their repeal. We have already started the process of going through another set of 167 laws and will come out with our third and final report on obsolete laws in November. The whole process of identifying obsolete laws was started in June this year and we hope to complete the process by November. Overall, through three reports, we plan to recommend repeal of around 250 laws.
Is there a concern pertaining to competent legislature for repeal of laws?
There are many pre-Independence laws passed by the government. Their subject now falls under the State List. Article 372 of the Constitution takes care of this situation. A law can be repealed or amended only by the legislature that is competent to pass a law on that subject - the Centre or a state. We have recommended the Centre should remove from its website laws pertaining to the State List. We have also asked states to repeal these laws.
Why does India have a dismal record in repealing antiquated laws?
I must acknowledge the advancement of technology has made our task much easier. Many facilities weren't available with earlier commissions. But this is not an excuse for the country's poor record in repealing outdated laws. This government has been keen to repeal outdated laws.
Tax- and commercial-related litigation is on the rise. Is the legal framework ready for this?
We are recommending reforms in commercial laws. We have already come out with a report on reforming the Arbitration Act. Our second report, likely next month, will be on setting up commercial courts in India, on the lines of those in Singapore, New York or London. With such courts in place, there will be more expeditious resolution of commercial disputes by judges who are trained in commercial laws. We are proposing amendments to the Civil Procedure Code, in its application to commercial courts. The aim is to have commercial courts in Mumbai, Delhi and several other cities. Any commercial dispute above a certain threshold, Rs 1 crore, will be taken up by these courts.
Also on our agenda is the simplification of compliance with laws in the context of starting businesses. Once we are through with our reports on obsolete laws, we will look into various aspects in which compliance can be simplified. Some aspects of compliance might have become redundant and some could be dealt with through self-certification, etc.
Is your work hampered by the fact that the Law Commission does not have statutory powers?
It does not hamper our working. But in almost all countries, law commissions are statutory bodies. In India, the commission has been functional since 1950s. But still, it hasn't been made a statutory body. The commission's reports will surely carry more weight if it is given statutory status.
What efforts has the commission made to identify and recommend the repeal of outdated laws?
Every legislature is expected to undertake periodic spring-clearing of the corpus of statute laws. The idea is to remove the deadwood so that citizens are spared the inconvenience of taking notice of laws that have ceased to bear any relevance to current conditions. This is particularly relevant in current times, as the number of laws is growing. The repeal of laws is the call of modern times. The Law Commission has undertaken a study titled The Legal Enactments: Simplification & Streamlining. The study is to identify and recommend the repeal of laws that are obsolete. It identifies laws that are inconsistent with modern and new laws, inconsistent with Supreme Court judgments or international conventions and treaties signed and ratified by India or laws whose costs outweigh their benefits. The next part of the study is to update certain commercial laws, such as the insolvency law, maritime law or the Contract Act.
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The important part of the study has been classification of various laws. We have classified 1,100-odd laws, under 49 different titles and subject categories.
How many such laws has the commission recommended for repeal?
In our last report to the government, in September, we recommended the repeal of 72 laws. When it comes to appropriation Acts, we have recommended either the Australian or the UK system. In Australia, the law has a clause for repeal, as is the case with laws in the UK. We have recommended the repeal of appropriation Acts that are more than 10 years old; that will mean about 700 laws.
In our latest report to be given to the government this week, we are recommending another 113 laws be repealed. Of these, 88 are for complete repeal, while for 35, some of the provisions have become redundant. In those cases, we have recommended partial repeal. There are 17 war-time ordinances that were passed under the 1935 Act. All of those have become irrelevant. So, we have recommended their repeal. We have already started the process of going through another set of 167 laws and will come out with our third and final report on obsolete laws in November. The whole process of identifying obsolete laws was started in June this year and we hope to complete the process by November. Overall, through three reports, we plan to recommend repeal of around 250 laws.
Is there a concern pertaining to competent legislature for repeal of laws?
There are many pre-Independence laws passed by the government. Their subject now falls under the State List. Article 372 of the Constitution takes care of this situation. A law can be repealed or amended only by the legislature that is competent to pass a law on that subject - the Centre or a state. We have recommended the Centre should remove from its website laws pertaining to the State List. We have also asked states to repeal these laws.
Why does India have a dismal record in repealing antiquated laws?
I must acknowledge the advancement of technology has made our task much easier. Many facilities weren't available with earlier commissions. But this is not an excuse for the country's poor record in repealing outdated laws. This government has been keen to repeal outdated laws.
Tax- and commercial-related litigation is on the rise. Is the legal framework ready for this?
We are recommending reforms in commercial laws. We have already come out with a report on reforming the Arbitration Act. Our second report, likely next month, will be on setting up commercial courts in India, on the lines of those in Singapore, New York or London. With such courts in place, there will be more expeditious resolution of commercial disputes by judges who are trained in commercial laws. We are proposing amendments to the Civil Procedure Code, in its application to commercial courts. The aim is to have commercial courts in Mumbai, Delhi and several other cities. Any commercial dispute above a certain threshold, Rs 1 crore, will be taken up by these courts.
Also on our agenda is the simplification of compliance with laws in the context of starting businesses. Once we are through with our reports on obsolete laws, we will look into various aspects in which compliance can be simplified. Some aspects of compliance might have become redundant and some could be dealt with through self-certification, etc.
Is your work hampered by the fact that the Law Commission does not have statutory powers?
It does not hamper our working. But in almost all countries, law commissions are statutory bodies. In India, the commission has been functional since 1950s. But still, it hasn't been made a statutory body. The commission's reports will surely carry more weight if it is given statutory status.