Article 245 in the Constitution of India

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How laws are enacted, repealed

Nov 19, 2021: The Times of India

Article 245 of the Constitution empowers Parliament to enact as well as repeal any law.

According to a Lok Sabha secretariat note, "Just as the Legislature has the power to enact laws, similarly it has the power to repeal laws. The efficacy of the Legislature depends upon the possession of the power to repeal the existing law, for without this attribute the power to enact would be a nullity, and the body of the law a series of contradictory enactments. Consequently, the legislative power to repeal prior laws is not inhibited by any constitutional prohibitions, but exists as a necessary part and increment of the legislative power and function. No statute can make itself secure against repeal."

The government will have to move a bill in Parliament to repeal the three agri laws, which were at the centre of protests by farmers for the past year, Constitution and legal experts said on Friday.

"For repeal, the power of Parliament is the same as enacting a law under the Constitution," explained former Union Law Secretary P K Malhotra.

The government will have to bring a bill to repeal the three laws. "There is no other way," said former Lok Sabha Secretary General P D T Acharya.

Responding to a query, Acharya said the government can repeal the three laws through a single repealing bill.

In the statement of objects and reason of the bill, the government can mention the reasons why it intends to repeal the three laws, he said.

"When a repeal bill is passed, it is also a law," observed Malhotra.

The three agri laws have not been implemented, but the fact remains that they are laws passed by Parliament which have received assent of the President, said Malhotra, noting that they can be repealed by Parliament alone.

(With inputs from agencies)