The law Commission on Tuesday submitted its fourth interim report to Centre on repealing of obsolete laws. One such law provides for jail term of up to five years for possession of copper telegraph wire even a year after telegram services have been permanently shut down in the country.
The Telegraph Wires (Unlawful Possession) Act, 1950, as available on the UP Police website, regulated the possession of telegraph wires between 2.43 mm and 3.52 mm diameter and provides for punishment of up to five years in jail or fine or both for the offence of unlawful possession of telegraph wires. The report pointed out that telegraph services were permanently shut down in India in 2013.
The report submitted to the law Ministry recommended 30 laws for repeal, which included another law enacted during the Emergency by which no election dispute was maintainable against an elected representative who either becomes the Prime Minister or Speaker of the lok Sabha. Termed as The Disputed Elections (Prime Minister and Speaker) Act, 1977, the law Commission said the "constitutionality" of this Act is "suspect", therefore, it should be repealed.
Another law recommended for repeal is the Illegal Migrants (Determination by Tribunals) Act, 1983 as it has been struck down by the Supreme Court and is not in use anymore. The Act, applicable only in Assam, instituted procedures to determine whether persons suspected to be illegal immigrants from Bangladesh fell under this category. If proved, they could be expelled from India.
“Since the Act has been struck down by the Supreme Court and is not in use, it should be repealed,” the law panel said. With this report, the total number of laws recommended by law Commission for repeal has touched 318.