The Repealing and Amending Act, 2025: Streamlining India’s Legal Framework

The Repealing and Amending Act, 2025, notified on 1 January 2026, serves as a systematic effort to modernize India’s legal architecture by eliminating outdated and redundant laws. The Act identifies obsolete provisions—some dating back to 1886—and removes 71 enactments that have outlived their utility. It supports the government’s broader commitment to simplifying governance and ensuring a contemporary, efficient legal ecosystem.

Purpose and Need for Legal Clean-Up

Over decades, India’s statute book accumulated laws whose relevance diminished due to technological advancement, new administrative practices, or replacement by modern legislation. This Act acts as a “thoughtful editor”, deleting provisions that no longer contribute to governance. The focus is on enabling ease of governance and creating a legal environment aligned with the needs of a modern economy.

Two-Pronged Approach: Repeal and Amend

The Act follows a balanced structure of repealing obsolete laws and amending essential ones, the First Schedule lists laws for repeal, while the Second Schedule introduces targeted corrections to important statutes. This ensures both removal of deadwood and modernization of laws still in use.

Removal of 71 Outdated Acts

To declutter the statute book, the Act repeals 71 enactments dating from 1886 to 2023. Many of these laws had completed their purpose, become redundant, or were replaced by updated frameworks, these repeals help reduce interpretational burdens, improve judicial efficiency, and eliminate relics of earlier eras.

Rationalizing Redundant Amendment Acts

Numerous amendment Acts whose changes were already incorporated into principal Acts continued to exist purposelessly. These redundant laws are now removed under the First Schedule, ensuring that only substantive, operational legislation remains on the books, enhancing clarity and reducing legal clutter.

Targeted Amendments to Core Legislation

The Act introduces strategic amendments to four foundational laws—the General Clauses Act, 1897; the Code of Civil Procedure, 1908; the Indian Succession Act, 1925; and the Disaster Management Act, 2005. These amendments correct outdated language, modernize procedural references, and align provisions with contemporary administrative practices.

Modernisation of Communication and Procedures

One significant update involves replacing older postal references like “registered post” with “speed post with registration and proof of delivery” in the CPC and General Clauses Act. This ensures that legal communications reflect technologies used by India Post and reduce ambiguity in procedural compliance.

Removal of Colonial-Era Discrimination

The Act also eliminates discriminatory provisions such as Section 213 of the Indian Succession Act, which earlier created inconsistencies in probate requirements based on religious identity. Its removal marks a move toward uniformity and fairness in succession laws.

Corrective Improvements to Disaster Management Law

The amendment to the Disaster Management Act substitutes the word “prevention” with “preparation,” ensuring legal terminology aligns with the functional mandate of the National Disaster Management Authority. This enhances operational clarity during disaster response planning.

Importance of the Savings Clause

The Act contains a carefully drafted Savings Clause to ensure continuity during the repeal process. The rights and liabilities, ongoing proceedings, court jurisdictions, rules of law, and administrative practices remain unaffected despite the repeal of certain laws. This protects legal stability and avoids unintended disruptions.

Ensuring Stability Amidst Legal Reforms

The Savings Clause ensures that the repeal of older laws does not revive previously repealed provisions or disrupt administrative operations. Existing offices, appointments, customs, privileges, and exemptions continue as before. This balanced approach maintains legal continuity even during extensive reform.

Conclusion: Strengthening Legal Clarity and Governance

The Repealing and Amending Act, 2025, represents a significant step toward refining India’s statutory landscape. By removing outdated laws, correcting inconsistencies, and modernizing essential provisions, the Act restores coherence to the statute book and supports a governance framework that is simpler, transparent, and aligned with contemporary needs. It transforms the statute book from a historical archive into a practical, modern tool for administration.

The Press Release can be accessed at: https://www.pib.gov.in/FactsheetDetails.aspx?Id=150601&reg=3&lang=1

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