Former Union law secretary P.K. Malhotra explained that when the legislature—Parliament or state legislature—wants to limit the lifespan of a law, it may include a sunset clause…reports Asian Lite News
The law ministry has proposed incorporating a “sunset” clause, or automatic repeal provision, in certain types of bills to declutter statute books, as part of its 100-day agenda.
This clause primarily applies to laws of a temporary nature or those addressing dynamic situations. Once these laws outlive their utility, they will be removed from the statute books.
The legislative department within the ministry has included the “sunset clause” in its new legislative proposals, stating that steps will be taken in consultation with relevant ministries. Prime Minister Narendra Modi had previously directed all Union ministries and departments to draft a 100-day agenda for the new government.
Former Union law secretary P.K. Malhotra explained that when the legislature—Parliament or state legislature—wants to limit the lifespan of a law, it may include a sunset clause. This clause specifies that the law will expire after a certain period, typically five or ten years. The legislature can then pass a new law to extend the statute’s validity if necessary.
The legislative department aims to incorporate sunset clauses or automatic repealing clauses in new legislative proposals, in consultation with the concerned administrative ministries and departments. Actions will be taken as proposals are received.
Malhotra noted that this has been a long-standing demand and is a practice in some other countries. He emphasized that such clauses ensure that legislatures regularly review and update laws, allowing them to expire if no longer needed.
In recent years, several commissions on legal reforms have also advocated for such clauses.
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