The Repealing and Amending Act, 2025: Modernizing India’s Legal Framework Through Legislative Housekeeping

Introduction: Clearing the Statutory Clutter

India’s legal system carries the accumulated weight of centuries, with laws drafted during the colonial era continuing to occupy space in the statute book long after their relevance has faded. The Repealing and Amending Act, 2025, which received presidential assent on December 20, 2025, represents a significant step in the Government of India’s ongoing legal reform initiative [1]. This legislation removes 71 obsolete enactments spanning from 1886 to 2023 while making targeted amendments to four foundational statutes, thereby streamlining India’s legal framework and eliminating outdated colonial-era provisions that have long outlived their purpose.

Since 2014, the Government of India has undertaken a systematic review of central legislation, resulting in the repeal of over 1,577 obsolete laws [2]. This sustained effort reflects a broader commitment to improving ease of governance, reducing compliance burdens, and aligning India’s legal environment with contemporary administrative realities. The Repealing and Amending Act, 2025 continues this reform trajectory by addressing both redundant legislation and discriminatory colonial provisions that have created procedural complications for citizens and businesses alike.

Understanding Repealing and Amending Legislation

Repealing and Amending Acts serve as periodic legislative housekeeping measures designed to maintain the statute book by removing laws that no longer serve any meaningful purpose. The concept of repeal refers to the formal abrogation or removal of legislation by a competent authority, while amendment involves modifying existing statutes through alteration, addition, deletion, or substitution of provisions. These housekeeping exercises do not introduce new policies or substantive changes to rights and obligations but rather eliminate redundancy and correct technical defects in existing enactments [3].

The General Clauses Act, 1897, which itself receives an amendment under the 2025 Act, provides the foundational framework for understanding repeals in Indian law. Section 6 of the General Clauses Act establishes that when a statute repeals an earlier enactment, the repeal does not revive anything not in force at the time of repeal, affect the previous operation of the repealed enactment, or disturb any rights, privileges, obligations, or liabilities acquired or incurred under the repealed law [4]. This savings provision ensures continuity and prevents legal disruption during the cleanup process.

The Dual Approach: Repeals and Amendments

The Repealing and Amending Act, 2025 employs a two-pronged strategy articulated through its First and Second Schedules. The First Schedule identifies 71 enactments for permanent removal from the statute book, while the Second Schedule specifies targeted amendments to four core statutes. This calibrated approach ensures that the legislation addresses both obsolete laws and technical inconsistencies in currently operative enactments.

Laws Repealed Under the First Schedule

The 71 Acts repealed under the legislation fall into several distinct categories reflecting different reasons for obsolescence. The oldest statute removed is the Indian Tramways Act, 1886, which regulated tramway operations during the colonial period but has become irrelevant with the evolution of modern transportation infrastructure [5]. Other repealed enactments include the Levy Sugar Price Equalisation Fund Act, 1976, the Katakhal-Lalabazar Railway Line (Nationalisation) Act, 1982, and the Bharat Petroleum Corporation Limited (Determination of Conditions of Service of Employees) Act, 1988.

A significant portion of the repealed legislation consists of amendment Acts from recent years, including various amendments passed between 2015 and 2023. These include the Arbitration and Conciliation (Amendment) Act, 2015, the Maternity Benefit (Amendment) Act, 2017, the Specific Relief (Amendment) Act, 2018, the Medical Termination of Pregnancy (Amendment) Act, 2021, and the Competition (Amendment) Act, 2023, among many others. The rationale for repealing these amendment Acts is straightforward: once amendments are incorporated into principal legislation, their continued standalone existence serves no purpose and merely adds to statutory clutter [6].

The repeals also include nationalisation and acquisition Acts whose objectives have been fulfilled, as well as laws rendered redundant by subsequent comprehensive legislation. This systematic elimination of outdated statutes reduces interpretational burdens on courts and citizens while improving administrative efficiency by ensuring that only currently relevant laws remain operative.

Strategic Amendments Under the Second Schedule

Beyond repeals, the Act makes four strategic amendments to foundational enactments, each addressing specific technical issues or updating provisions to reflect contemporary administrative practices.

Modernizing Postal References in the General Clauses Act, 1897 and Code of Civil Procedure, 1908

The General Clauses Act, 1897 serves as India’s legislative dictionary, providing standardized definitions and interpretive principles applicable across all Central Acts and Regulations unless specifically excluded. The Supreme Court of India recognized the importance of this statute in Chief Inspector of Mines v. Karam Chand Thapar, observing that it consolidates interpretive provisions that would otherwise need specification in numerous individual statutes [7].

The Repealing and Amending Act, 2025 updates postal terminology in the General Clauses Act to reflect the modernization of India Post services. References to “registered post” are replaced with “speed post with registration and proof of delivery,” ensuring alignment with current postal practices and preventing procedural confusion in legal processes that rely on postal service [8].

Similarly, the Code of Civil Procedure, 1908, which governs procedural law for civil litigation in India, receives corresponding amendments to update postal references. The CPC, which came into force on January 1, 1909, has been substantially amended over the decades to improve judicial efficiency, with major revisions occurring in 2002 and 2016. The current amendments ensure that provisions concerning service of summons and other legal documents reflect contemporary postal infrastructure, thereby preventing ambiguities that could arise from references to obsolete postal methods.

Removing Discriminatory Provisions from the Indian Succession Act, 1925

The most substantively significant amendment removes Section 213 of the Indian Succession Act, 1925, a provision long criticized for its discriminatory nature and colonial origins. Section 213 mandated that Hindus, Buddhists, Sikhs, Jains, and Parsis obtain probate or letters of administration for wills executed within the ordinary original civil jurisdiction of the High Courts at Calcutta (Kolkata), Madras (Chennai), and Bombay (Mumbai) before any rights as executor or legatee could be established in court. This requirement did not apply to Muslims or Indian Christians, creating religion-based discrimination in probate requirements [9].

The Law Commission of India, in its 209th Report titled “Proposal for Omission of Section 213 from the Indian Succession Act, 1925,” recommended deletion of this provision, noting that it created disuniformity and discrimination incompatible with Article 15 of the Constitution, which prohibits discrimination on grounds of religion [10]. The Commission found no rational justification for the geographic and religious disparities created by Section 213, observing that the provision represented a colonial-era assumption about judicial supervision that had no place in modern Indian law.

The mandatory probate requirement under Section 213 imposed significant burdens on families, often requiring six to twenty-four months for completion and incurring substantial legal fees that could amount to two to five percent of the estate’s value. The requirement also necessitated public notices that could invite unnecessary disputes and compromised family privacy during already difficult circumstances following a death.

The deletion of Section 213 creates uniformity across India, eliminating the geographic penalty that required mandatory probate in former presidency towns while allowing voluntary probate in other areas. Families in Mumbai, Chennai, and Kolkata will now enjoy the same procedural flexibility as those elsewhere in accessing bank accounts, transferring property, and managing estate assets without mandatory court intervention. However, voluntary probate remains available and advisable in cases where disputes are anticipated or where judicial confirmation of a will’s validity would provide additional security to beneficiaries.

Consequential amendments to Sections 3 and 370 of the Indian Succession Act align these provisions with the deletion of Section 213. Section 370, which previously restricted courts from granting succession certificates for debts or securities where probate was mandatory under Section 213, is amended to remove these restrictions, thereby simplifying access to financial assets for heirs.

Correcting Drafting Errors in the Disaster Management Act, 2005

The Disaster Management Act, 2005, which established the comprehensive framework for disaster management in India, receives a technical correction through the 2025 amendments. A drafting inconsistency where the word “prevention” appeared in contexts where “preparation” was intended is corrected to accurately reflect the operational mandate of the National Disaster Management Authority (NDMA) and related institutions [11].

The Disaster Management Act, enacted following the devastating Indian Ocean tsunami of 2004, created the NDMA under the chairmanship of the Prime Minister and established corresponding authorities at state and district levels. The Act’s framework emphasizes disaster preparedness, mitigation, and response rather than prevention in the absolute sense, recognizing that while some disaster impacts can be prevented or reduced, natural phenomena themselves cannot be entirely prevented. The amendment ensures terminological accuracy throughout the statute, aligning language with the Act’s actual operational approach.

The Savings Clause: Ensuring Legal Continuity

A critical feature of the Repealing and Amending Act, 2025 is its savings clause, which operates in conjunction with Section 6 of the General Clauses Act, 1897 to ensure that repeals do not create legal disruptions. The savings provision guarantees that past actions, existing rights, pending legal proceedings, and current obligations remain unaffected despite the repeal of statutes. Other laws continue to operate as before, and the repeal does not revive any previously repealed enactments [12].

This continuity mechanism is essential for maintaining legal certainty and protecting accrued rights. Rights acquired, liabilities incurred, and obligations established under repealed statutes remain valid and enforceable. Pending court proceedings continue under the applicable law, and any penalties or forfeitures incurred remain in effect. The savings clause thus allows the statute book to be cleaned without disturbing the settled expectations of citizens or creating gaps in legal protection.

Constitutional and Policy Foundations

The Repealing and Amending Act, 2025 advances several constitutional and policy objectives that underpin India’s legal reform agenda. The removal of Section 213 from the Indian Succession Act directly addresses equality concerns under Articles 14 and 15 of the Constitution of India, which guarantee equal protection of law and prohibit discrimination on grounds of religion, race, caste, sex, or place of birth. By eliminating religion-based and geography-based disparities in probate requirements, the amendment brings succession law into alignment with constitutional mandates.

The broader reform initiative reflects the government’s commitment to “ease of living” and “ease of doing business” by reducing unnecessary compliance burdens and simplifying legal processes. Since 2014, the elimination of over 1,500 obsolete laws and reduction of more than 40,000 compliance requirements demonstrate sustained efforts to modernize governance and adopt a citizen-centric approach to administration [13].

Implications for Legal Practice and Administration

The Repealing and Amending Act, 2025 carries significant implications for various stakeholders in India’s legal system. For legal practitioners, the removal of 71 Acts from the statute book simplifies legal research and reduces the risk of inadvertently citing or relying on repealed provisions. The updating of postal terminology in the CPC and General Clauses Act ensures that procedural requirements remain clear and aligned with current administrative practices.

For families dealing with succession matters, the removal of mandatory probate requirements in Mumbai, Chennai, and Kolkata represents substantial relief from time-consuming and expensive court proceedings. Executors can now present wills and proceed with asset transfers more efficiently, saving months or years of delays and significant legal fees. However, legal advisors continue to recommend voluntary probate in circumstances where disputes are anticipated or where additional judicial validation would benefit beneficiaries.

For government departments and regulatory bodies, the cleanup of obsolete statutes and correction of technical errors improves the clarity and usability of the legal framework. Updated postal references prevent ambiguities in service procedures, while the correction of terminology in the Disaster Management Act ensures accurate implementation of disaster preparedness and response mandates.

Comparative Context: Legislative Housekeeping Practices

Periodic repealing and amending legislation is a standard practice in many common law jurisdictions, where it serves as an essential tool for maintaining statutory hygiene. The United Kingdom’s Interpretation Act, 1889, which influenced India’s General Clauses Act, 1897, established principles for consistent interpretation and provided mechanisms for orderly repeal of obsolete legislation. Many Commonwealth countries conduct regular reviews of their statute books and pass periodic repeal Acts to eliminate redundant provisions.

India’s sustained efforts since 2014 to systematically review and repeal obsolete legislation place it among jurisdictions actively maintaining their legal frameworks. The cumulative removal of over 1,500 laws demonstrates a commitment to ensuring that the statute book remains a living, relevant document rather than an accumulation of historical artifacts.

Conclusion: A Continuing Reform Process

The Repealing and Amending Act, 2025 represents an important milestone in India’s ongoing legal modernization efforts, but it is not the conclusion of the reform process. As administrative practices continue to evolve, technologies advance, and governance structures adapt, the need for periodic review and revision of legislation will remain constant. Future housekeeping measures will undoubtedly identify additional obsolete provisions for repeal and technical corrections for implementation.

The dual approach of the 2025 Act—combining wholesale repeal of redundant statutes with targeted amendments to address specific issues in operative laws—provides a template for future reform efforts. By simultaneously clearing statutory clutter and correcting discriminatory or outdated provisions, the legislation advances both administrative efficiency and substantive justice.

The removal of Section 213 from the Indian Succession Act particularly demonstrates how periodic review can identify and eliminate provisions that, while once accepted, have become incompatible with constitutional values and contemporary notions of equality. This willingness to acknowledge and correct historical injustices embedded in colonial-era legislation strengthens the integrity of India’s legal system and reinforces its commitment to equal treatment under law.

As India continues to modernize its legal framework, the Repealing and Amending Act, 2025 stands as evidence that statutory reform, while often technical and procedural in nature, serves essential functions in maintaining a just, efficient, and accessible legal system. The statute book, lightened of obsolete burdens and refined through targeted corrections, better serves the needs of citizens, businesses, and governance institutions in a rapidly developing nation.

References

[1] Simpliance. (2025). Notification on the Repealing and Amending Act, 2025. Retrieved from https://www.simpliance.in/India/FCC/govt_notification/Central/notification-on-the-repealing-and-amending-act-2025-8182 

[2] News on Air. (2025). Lok Sabha passes Repealing and Amending Bill, 2025. Retrieved from https://www.newsonair.gov.in/lok-sabha-passes-repealing-and-amending-bill-2025/ 

[3] The Prayas India. (2025). Repealing and Amending Bill 2025. Retrieved from https://theprayasindia.com/repealing-and-amending-bill-2025/ 

[4] India Code. (1897). The General Clauses Act, 1897. Retrieved from https://www.indiacode.nic.in/handle/123456789/2328 

[5] PRS India. (2025). The Repealing and Amending Bill, 2025. Retrieved from https://prsindia.org/files/bills_acts/bills_parliament/2025/Repealing_And_Amending_Bill,2025.pdf 

[6] Indian Masterminds. (2025). Big Legal Reform: Repealing and Amending Act, 2025 Removes Colonial-Era Laws, Updates Key Statutes. Retrieved from https://indianmasterminds.com/news/repealing-and-amending-act-2025-india-legal-framework-reform-173668/ 

[7] Indian Kanoon. (n.d.). The General Clauses Act, 1897. Retrieved from https://indiankanoon.org/doc/905940/ 

[8] Press Information Bureau. (2026). The Repealing and Amending Act, 2025. Retrieved from https://www.pib.gov.in/FactsheetDetails.aspx?id=150601 

[9] Trilegal. (2025). Removal of the mandatory probate requirement under the Indian Succession Act. Retrieved from https://trilegal.com/knowledge_repository/trilegal-update-removal-of-the-mandatory-probate-requirement-under-the-indian-succession-act/ 

[10] S.S. Rana & Co. (2025). A Long Overdue Reform: Repeal of Section 213 of the Indian Succession Act, 1925. Retrieved from https://ssrana.in/articles/a-long-overdue-reform-repeal-of-section-213-of-the-indian-succession-act-1925/