The Law Ministry has pitched for the incorporation of a ‘sunset clause’ or automatic repeal provision in certain types of Bills to de-clutter statute books.
Provision for ‘sunset clause’
• The ‘sunset clause’ is a provision in a Bill that gives it an expiry date after it is passed into law. Sunset clauses are included in legislation when it is felt that Parliament should have the chance to decide on its merits again after a fixed period.
• The sunset clause applies primarily to laws of temporary nature or those dealing with dynamic situations.
• Once their utility ends, they stand removed from the statute books.
• The legislative department in the ministry has made ‘sunset clause’ in new legislative proposal a part of its 100-day agenda, saying steps will be taken in this regard in consultation with concerned ministries.
• Whenever the legislature wants to restrict the life of a legislation being passed by it, it may as a matter of policy provide a sunset clause providing that after a lapse of a certain period depending on the requirement the law will come to an end.
• When the legislation has become inoperative due to the sunset clause, the legislature can pass a fresh law giving the statute a fresh lease of life.
• This practice is prevalent in some other countries also.
• In the recent past, some commissions set up to look into legal reforms have also pressed for such a clause.
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