March 27, 2002
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STATUS OF IMPLEMENTATION OF ADMINISTRATIVE LAWS REFORMS
The Government has repealed 315 Amendment Acts by enactment of the Repealing and Amending Act, 2001 following recommendations of P.C. Jain Commission on Review of Administrative Laws, so far. The Commission, which submitted its report in September, 1998, recommended repeal of 1382 Central Laws of different categories on the ground that these Acts have become either irrelevant or dysfunctional.
Out of a total of 1382 Central Laws recommended for repealing by P.C. Jain Commission, 700 Acts pertain to Appropriation Acts, 114 Central Acts relate to State subjects, 166 Central Acts include 11 Pre-Nationalization Acts and 20 Validation Acts, 11 relate to British Statutes still in force, 17 relate to War-time Permanent Ordinances, 35 to Reorganisation Acts, 12 to Laws applicable to High Courts and 12 to Personal Laws.
The issue relating to 700 Appropriation Acts were referred to Attorney General of India for advice which have since been received and now referred to the Public Accounts Committee Secretariat for its views. As for 114 Central Acts relating to State list, 5 Central Acts have been repealed by enactment of the Judicial Administration Laws (Repeal) Act, 2001. The State Governments have been apprised of the position in the matter and further action regarding balance Acts, is required to be taken by the respective State Governments. Of the remaining 253 Acts, 65 Acts including 4 Ordinances have been repealed so far. Forty-one Acts are at various stages of repeal. Twenty Acts are under examination to take a decision for their repeal or otherwise. Six Acts fall within the State List on which action is to be taken by the State Governments. Four Acts have been repealed in the list of 166 Central Acts recommended for repeal by the Commission. For the remaining 117 Acts, the concerned Ministries and Departments have decided not to repeal them.
A Standing Committee, constituted by the Government on November 16, 1998 to monitor the implementation of the follow-up action on the report of the Commission on Review of Administrative Laws, is overseeing implementation of the report of the Commission.
The P.C. Jain Commission on Review of Administrative Laws was constituted by the Government in May, 1998 to examine how in the light of changed socio-economic environment and emerging globalisation of Indian economy, the existing laws could be recast to make them relevant and those having been rendered irrelevant and obsolete repealed in tune with the global standards.