Content of Repeal

Repeal Section 85 of Bennion 85(1) To repeal an Act is to cause it to cease to be a part of the corpus juris or body of law to repeal an enactment is to cause it to cease to be in law a part of the Act containing it. 85(2) A repeal may be either express or implied The power of a legislative body to repeal a law is coextensive with its power to enact such a law Provisions in a statute that it cannot be repealed expressly or impliedly are of no legal effect. What parliament has done, parliament can undo. Express Repeal: the use of any particular form of words is not necessary to bring about an express repeal. All that is necessary is that the words used show an intention to abrogate abrogate the Act or provision in question. The usual f orm orm is to use the words “is or are hereby repealed” and to mention the Acts sought to be repealed in the repealing section or to catalogue them in a schedule. The use of the words “shall cease to have effect” is also not uncommon Implied RepealL: there is a presumption against a repeal by implication and the reason for this rule is based on the theory that the legislature, while enacting a law has a complete knowledge of the existing laws on the same subject matter and therefore when it doesn’t  provide a repealing provision, it gives out an intention not to repeal the existing legislation. The presumption is however rebutted and repeal is inferred by necessary implication when the provisions of the later Act are so inconsistent with or repugnant to the provisions or an earlier Act that the two cannot stand together. The doctrine of implied repeal based on theory that the legislature which is presumed to know the existing law didn’t intend to create any confusion by retaining

conflicting provisions provisions and therefore when the the court applies applies the

doctrine, it does no more than give effect to the intention of the legislature by examining the scope and object of the two enactments and by a comparison of their provisions Municipal council v. TJ Joseph AIR 1963 SC 1561: test of repugnancy may be applied for solving a question of implied repeal and it should be seen whether there is direct conflict  between the two provisions. 2. Whether the legislature intended to lay down an exhaustive code in respect of subject matter replacing the earlier law. 3. Whether the 2 laws occupy the same field. Bennion 87 Implied repeal 89