Report No. 60
Repeal and expiry compared
7.3. English law as to repeal.-
Under the law of England, as it stood prior to the Interpretation Act of 1889, the effect of a repealing statute was to obliterate it as completely from the records of Parliament as if it had never been passed, except for the purpose of these actions which were commenced, prosecuted and concluded while it was an existing law.1
To obviate the results which would follow a repeal without more, a practice came into existence in England of inserting a saving clause in the repealing statute with a "view to preserving rights and liabilities already accrued or incurred under the repealed enactment. Later on, to dispense with the necessity of having to insert a saving clause on each occasion, section 38(2) was inserted in the Interpretation Act, 1889."2 Section of our Act corresponds to section 38 of the English Act, dealing with repeal.
1. See AIR 1955 SC 84 (87).
2. AIR 1955 SC 84 (87).
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