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Repeal

Section 85 of Bennion

85(1) To repeal an Act is to cause it to cease to be a part of the corpus jurisor 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Provisions in a statute that it cannot be repealed expressly or impliedly are of no legal effect.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 the

Act or provision in question. The usual form is to use the words is or are hereby repealed

and to mention the Acts sought to be repealed in the repealing section or to catalogue them in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 doesnt

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 didnt intend to create any

confusion by retaining conflicting provisions and therefore when the court applies the

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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

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