The Union government on Monday introduced a significant legislative clean-up exercise in the Lok Sabha, proposing to repeal dozens of older amendments and simplify succession laws. The Repealing and Amending Bill, 2025, seeks to discard 71 amendments that have become obsolete or are now integrated into main laws, while also removing what it terms discriminatory provisions related to enforcing wills.
What the Bill Aims to Repeal
The proposed legislation targets a wide array of amendments across major statutes that have outlived their utility. Among the 71 amendments listed for repeal are changes to the Insolvency and Bankruptcy Code (IBC), the Arbitration and Conciliation Act, and the Energy Conservation Act. It also includes the 2023 amendments to the Mines and Minerals (Development and Regulation) Act and the Offshore Areas Mineral (Development and Regulation) Act.
The bill clarifies that this is a periodic exercise to remove enactments that are no longer in force, have become obsolete, or whose retention as separate acts is unnecessary. It also aims to correct certain formal defects detected in existing laws.
Key Reform in Succession Laws: Probate Requirement Scrapped
One of the most notable changes proposed is the removal of Section 213 of the Indian Succession Act, 1925. This provision currently mandates that Hindus, Jains, Buddhists, Sikhs, and Parsis must obtain a court-sanctioned probate to enforce a will of succession, specifically in the presidency towns of Kolkata, Mumbai, and Chennai.
The bill labels this rule as "discriminatory" because Muslims and Christians were historically exempt from this condition. By deleting this section, the government aims to create a uniform legal process for all communities. Consequential amendments will be made to other parts of the Act following this omission.
Furthermore, the bill proposes to remove a clause from Section 370 of the same Act, which exempted Christians from needing a succession certificate. This clause is being axed for being "a relic of colonial rule, obsolete and redundant."
Updating Legal Procedures for Modern Services
The bill also modernizes procedural laws to reflect current administrative realities. With the merger of registered post services with speed post services, the legislation proposes to amend the General Clauses Act and the Code of Civil Procedure (CPC).
The changes will formally include speed post services within the legal framework for serving notices. Additionally, the bill seeks to incorporate "acknowledge due" services for speed post into the CPC, which governs civil case procedures across the country.
Understanding the Impact of Repeal
A crucial clarification within the bill states that repealing an amendment does not nullify its effect if the amendment's provisions have already been absorbed into the principal Act. For example, if a provision from a 2015 amendment to the Arbitration Act is repealed, the change remains valid as it is now part of the main law itself.
This principle is grounded in India's General Clauses Act, which governs the interpretation of statutes. The government's move is seen as part of a broader push for legal reform, following the recent overhaul of the country's criminal codes, which aimed to shed colonial vestiges and improve judicial efficiency.
The context of these reforms is the massive backlog in Indian courts. According to the National Judicial Data Grid, nearly 6 million civil cases and about 29 million criminal cases are pending in India's lower judiciary. Inheritance disputes form a substantial part of civil litigation, and simplifying probate rules could potentially ease some of this burden.
