Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Presumption Against Implied Repeal
Canons of Statutory Interpretation
Definition
The presumption that the legislature does not intend to repeal an existing statute by passing a new enactment on the same subject unless the two Acts are so completely inconsistent, irreconcilable, and contradictory that they cannot stand together.
Example
In Municipal Corporation of Delhi v. Shiv Shanker, the Supreme Court held that the Prevention of Food Adulteration Act did not implicitly repeal the Essential Commodities Act regarding food items, as both could be harmoniously harmonized without conflict.