CCS rolls out Repeal Law Compendiums for six states of India
To mark the occasion of the “Constitution Day of India” on November 26, 2018 India’s leading think-tank, Centre for Civil Society, advocating social change through public policy, held the Appeal for Repeal Law Day 2018, through the roll out of “Repeal Law Compendiums” for six states in India.
The CCS also organised a panel discussion on “Exploring Alternatives: Institutionalisation of Repeal of Laws.” The panel included renowned legal, legislative and industry experts in India like the former Union Minister Tariq Anwar, Former Law Secretary PK Malhotra, Former Law Secretary, Ministry of Law and Justice, Editor (Investigations and Special Projects) Maneesh Chhibber, Legal Editor of The Print Satya Prakash; Founder and Chairman of Kaden Boriss Global Hemant Batra and National Coordinator, Repeal of Laws initiative, Centre for Civil Society, Neeti Shikha addressed the imperative need for a legal framework that recognises 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 and Research (NALSAR), Hyderabad, National Law School of India University (NLSIU), Bangalore, University of Jammu, Jammu & Kashmir and its 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 The 2018 Compendiums bring forth laws to be repealed in the six states of Assam, Gujarat, Meghalaya, Mizoram, Tripura and Jammu & Kashmir.
During the panel discussion PK Malhotra laid emphasis on 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 organisations, scholars, academicians and lawyers, the panel engaged in a constructive dialogue around the potential processes required for the institutionalisation of repeal of laws, and acknowledge November 26, 2018 as the National Repeal Law Day.
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 such as redundancy, obsolescence in the face of new laws, and hindrance to development, governance and freedom. The success of ‘Repeal of 100 Laws’ Project, organised in alliance 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. A total of five state compendiums with 25 laws each were released in 2017 towards furthering the mission of the project.