·The Hindu

50 years ago: Outmoded form

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In this note
  1. At a Glance
  2. Why in the News
  3. Background & Evolution
  4. Core Static Facts
  5. Multi-Dimensional Analysis
  6. Recent Developments (last 12–18 months)
  7. Prelims Hooks
  8. Why Repeal Drives Never Finish: Laws Have No Expiry Date
  9. Can Decriminalisation Weaken Deterrence? The Strongest Objection
  10. How to Stop the Next Elephant Clause Before It Is Printed
  11. Anchors for Answers
  12. Mains Relevance
  13. Related Topics to Study Next
  14. NCERT Concepts to Revise
  15. Common Errors / Trap Areas

1. At a Glance

  • The archive item: The Hindu's "50 years ago" column reprinted a Salem dispatch about the MTC 43 travelling allowance (TA) claim form for gazetted officers in Tamil Nadu. Para six of the form asked the officer to declare that they had not used a "government elephant or boat or other forms of locomotion" at State expense [1].
  • The administrative point: Procedural inertia. Printed forms, notices and rules can outlive the conditions they were written for, so officials end up certifying things that are no longer possible [1].
  • Why UPSC cares: The story is a small example of a much larger reform agenda. That agenda includes repealing obsolete Central Acts through Repealing and Amending Acts [2][3] and decriminalising minor offences through the Jan Vishwas Acts and Bills [7][8][9]. It fits GS-II (governance) and GS-IV (administrative ethics and probity).

2. Why in the News

  • The item appeared in The Hindu, 5 November 2026, Page 9 (International edition). It carries the dateline "Salem, November 4 (from our correspondent)" [1]. The column title suggests the original report dates from about November 1976; this is an inference.
  • It ties into current news on clearing out outdated law:
  • The Repealing and Amending Act, 2025 repealed 71 old Acts [2][3].
  • The Jan Vishwas (Amendment of Provisions) Bill, 2026 was introduced in March 2026 [9].

3. Background & Evolution

  • The anomaly itself (c. 1976):
  • A senior officer with 28 years of service said they did not even know the elephant clause was in the form [1].
  • A Treasury department officer guessed the form might have been drafted decades earlier in England, when people there believed the elephant was India's most popular means of transport [1].
  • The Salem taluk office board: The office had a recently repainted board warning of action against stray elephants, camels and similar animals [1]. The rates on it were:

    • Fine on a stray elephant: Rs 8.
    • Fine on a stray camel: Rs 2 and 12 paise.
    • Cost of feeding, recoverable from the owner: 84 paise a day for a camel and 28 paise for a buffalo.
  • Why it happened: These were colonial-era formats that kept being reprinted by the Directorate of Stationery and Printing, which supplied the form. Nobody had reviewed the content [1].

  • Milestones in the Centre's legal clean-up:
  • 2014: The Law Commission's report on repealing 72 Acts (the 248th Report) is hosted by the Legislative Department [6].
  • 2014: The Repealing and Amending Bill, 2014 sought to repeal about 36 laws and amend 2 others [5].
  • A two-member committee under the PMO, working with the Law Commission and the Legislative Department, identified roughly 1,800 or more Central Acts for repeal [10].
  • 2022: The Repealing and Amending Bill, 2022 proposed repealing 65 laws [4].
  • 2023: The Jan Vishwas (Amendment of Provisions) Act, 2023 amended 42 Central Acts and decriminalised 183 provisions [7].
  • 15 Dec 2025: The Repealing and Amending Bill, 2025 was introduced in Lok Sabha to repeal 71 Acts [2].
  • 2025–26: The resulting Act removes 71 outdated Acts that date from 1886 to 2023 [3].

4. Core Static Facts

Item Fact
Form in the story MTC 43 TA claim form for gazetted officers, Tamil Nadu; elephant/boat declaration in para six [1]
Agency supplying the form Directorate of Stationery and Printing (Tamil Nadu) [1]
Repeal instrument (Centre) Repealing and Amending Act/Bill, a periodic omnibus law [2][4][5]
Nodal department for repeal Legislative Department, Ministry of Law & Justice [6][10]
Repealing and Amending Act, 2025 71 Acts repealed, dating from 1886–2023 [2][3]
Jan Vishwas Act, 2023 42 Acts amended; 183 provisions decriminalised; imprisonment replaced with monetary penalties [7]
Fine revision under Jan Vishwas Fines and penalties revised every three years [7]
Jan Vishwas Bill, 2025 Introduced in Lok Sabha on 18 Aug 2025; referred to a Select Committee [7]
Jan Vishwas Bill, 2026 Introduced on 27 Mar 2026 [9]; covers 79 Central Acts, 23 Ministries and 784 provisions [8]
New tool in the 2026 Bill Graded enforcement: advisory notices and warnings come before penalties [8]

5. Multi-Dimensional Analysis

  • Administrative
  • Forms get reprinted without anyone checking their content, so compliance becomes a ritual. Officers sign declarations they have never read [1].
  • Old monetary values (Rs 8 for an elephant, 28 paise for a buffalo's feed) lose their deterrent effect as prices rise. Penalties need periodic indexation, which Jan Vishwas now builds in with its 3-year revision [1][7].

  • Historical

  • The story shows colonial continuity in Indian bureaucratic procedure, with formats inherited from British-era practice [1].
  • Some of the Central Acts still being repealed go back to 1886 [3].

  • Legal / Constitutional

  • Obsolete laws stay valid until Parliament formally repeals them, which is why omnibus Repealing and Amending Bills are introduced again and again [2][4][5].
  • Decriminalisation replaces imprisonment with civil penalties, a shift towards proportionality [7][8].

  • Ethical / Governance

  • Trust-based governance means moving away from making citizens prove their innocence through declarations. Graded enforcement in the 2026 Bill reflects this [8].
  • Mechanically certifying statements that cannot be true weakens the integrity of official declarations. This is a GS-IV angle on probity [1].

  • Economic

  • Lower compliance burdens, especially for MSMEs and businesses, support ease of doing business [8].

6. Recent Developments (last 12–18 months)

  • 18 Aug 2025: The Jan Vishwas (Amendment of Provisions) Bill, 2025 was introduced in Lok Sabha and later examined by a Select Committee [7].
  • 15 Dec 2025: The Repealing and Amending Bill, 2025 was introduced in Lok Sabha to repeal 71 Acts [2].
  • 2025–26: The Repealing and Amending Act, 2025 came into force, removing 71 outdated Acts (1886–2023) [3].
  • 27 Mar 2026: The Jan Vishwas (Amendment of Provisions) Bill, 2026 was introduced. It covers 79 Acts, 23 Ministries and 784 provisions [8][9]. Check its passage status against PRS or PIB before the exam.
  • 5 Nov 2026: The Hindu reprinted the "Outmoded form" archive item [1].

7. Prelims Hooks

  • The MTC 43 TA claim form for gazetted officers (Tamil Nadu) contained a declaration about using a government elephant or boat [1].
  • The form was supplied by the Directorate of Stationery and Printing [1].
  • A Salem taluk notice fixed the fine on a stray elephant at Rs 8 and on a camel at Rs 2.12 [1].
  • Repealing and Amending Act, 2025: repeals 71 Acts [2][3].
  • The oldest Act repealed under the 2025 law dates from 1886 [3].
  • The Repealing and Amending Bill, 2025 was introduced in Lok Sabha on 15 Dec 2025 [2].
  • The Repealing and Amending Bill, 2022 sought to repeal 65 laws [4].
  • The Repealing and Amending Bill, 2014 sought to repeal about 36 laws and amend 2 [5].
  • The Law Commission's 248th Report dealt with the repeal of 72 Acts [6].
  • Jan Vishwas Act, 2023: 42 Central Acts amended, 183 provisions decriminalised [7].
  • Jan Vishwas provides for revising fines every three years [7].
  • Jan Vishwas Bill, 2026: 79 Acts, 23 Ministries, 784 provisions [8].
  • The Jan Vishwas Bill, 2026 introduces advisory notices and warnings before penalties, i.e. graded enforcement [8].

8. Why Repeal Drives Never Finish: Laws Have No Expiry Date

  • Each Repealing Act cleans up once, but new dead laws keep piling up
  • Parliament has passed repeal Bills again and again: about 36 laws in 2014, 65 in 2022 and 71 in 2025 [5][4][2].
  • A committee under the PMO found roughly 1,800 or more Central Acts fit for repeal [10]. A few dozen a year cannot keep up with that.
  • The cause is simple. An Indian law stays alive until Parliament kills it. Very few laws carry a built-in end date or a fixed date for review.

  • This is a worldwide habit, not just an Indian one

  • The OECD (a group of mostly rich countries that studies how governments work) calls review of old rules the "forgotten child" of regulatory policy. Governments "set and forget" a rule once it is made [11].
  • So rules get written carefully, and then nobody looks at them again. That is exactly how the elephant clause in MTC 43 lasted for decades [1].

  • Repealing Acts do not reach forms, notices and State rules

  • A Repealing Act removes Central Acts only [2][3].
  • The MTC 43 form and the Salem stray-animal board were State-level papers. Central repeal Bills could never touch them [1].
  • Most of what an ordinary citizen or officer actually deals with is forms and procedures, not Acts. So the Central clean-up misses most of the everyday burden.

9. Can Decriminalisation Weaken Deterrence? The Strongest Objection

  • The objection: fines may simply become a cost of doing business
  • Critics say Indian industry already complies poorly with environmental laws. Removing jail and keeping modest fines could speed up damage to India's natural resources [12].
  • The reasoning is that if paying the fine costs less than following the rule, a firm will choose to pay and carry on violating.

  • What is right about this objection

  • The Salem board shows the danger clearly. A Rs 8 fine for a stray elephant had stopped deterring anyone long before 1976 [1].
  • If a fine stays fixed while prices rise, it loses its bite. Decriminalisation that leaves fines unrevised would make the same mistake again across hundreds of provisions.
  • The 2026 Bill covers 784 provisions in 79 Acts [8]. At that scale, one weak penalty in a sector such as pollution or public safety can do real harm.

  • Why the objection does not defeat the reform

  • Jan Vishwas builds in a revision of fines every three years. That directly answers the "Rs 8 elephant" problem [7].
  • Graded enforcement (advisory first, then warning, then penalty) keeps penalties for repeat or serious violators. It does not drop them [8].
  • Jail for a paperwork lapse also fails to deter. Criminal cases take years in court, so the threat of jail is rarely carried out.

  • The honest conclusion

  • Decriminalisation is sound for procedural and technical lapses.
  • For offences that harm health or the environment, the fine must be larger than the money gained by breaking the rule. The note's sources do not show that this test was applied provision by provision.

10. How to Stop the Next Elephant Clause Before It Is Printed

  • Legislative Department and Parliament: write review dates into new laws
  • The OECD recommends three tools: review clauses inside the law itself, sunset clauses (an automatic end date) for subordinate rules, and post-implementation review (checking a law a few years after it starts working) [11].
  • This tackles the flow of new dead laws, not just the stock of old ones. Question stem 2 in the note asks exactly this.

  • Every department: ask three questions of each old rule

  • The OECD's three questions are: Is there still a valid reason for this rule? Did it achieve its aim? Does it create needless costs [11]?
  • Asked of MTC 43's para six, the first question alone would have removed the elephant clause [1].

  • State printing directorates: check content before every reprint

  • The Directorate of Stationery and Printing reprinted the form without anyone reading it [1].
  • A simple rule would fix this: no form gets reprinted unless the department that owns it confirms the content is still valid. That way the printer is never the only one handling a form's content.

  • Parliamentary committees: keep scrutinising before passage

  • A Joint Parliamentary Committee examined the 2022 Jan Vishwas Bill [13], and a Select Committee examined the 2025 Bill [7].
  • This committee stage is the right place to check, for each provision, whether a fine is strong enough to deter. That is the gap raised in the objection above.

11. Anchors for Answers

  • Data: About 1,800 or more Central Acts were identified for repeal, against 71 actually repealed in 2025 [10][3]
  • Data: The Jan Vishwas Bill, 2026 covers 784 provisions across 79 Acts and 23 Ministries [8]
  • Report/Committee: Law Commission, 248th Report (2014), on the repeal of 72 Acts [6]; Joint Parliamentary Committee on the Jan Vishwas Bill, 2022 [13]; 2nd Administrative Reforms Commission, 12th Report, Citizen Centric Administration (2009)
  • Report/Committee: OECD, Reviewing the Stock of Regulation (2020): old rules are the "forgotten child" of regulatory policy [11]
  • Law/Case: Repealing and Amending Act, 2025 [3]; Jan Vishwas (Amendment of Provisions) Act, 2023, with fines revised every three years [7]
  • Comparison: OECD good practice: review clauses written into the law and sunset requirements for subordinate rules, instead of India's one-off omnibus repeals [11]

12. Mains Relevance

13. Related Topics to Study Next

  • Jan Vishwas (Amendment of Provisions) Acts and Bills: the main recent decriminalisation effort [7][9].
  • Law Commission of India and its reports on obsolete laws: the institution that identifies laws for repeal [6].
  • Legislative Department (Ministry of Law & Justice): the nodal body for drafting repeal Bills [10].
  • 2nd Administrative Reforms Commission (citizen-centric administration): covers reform of procedures, forms and the "process over outcome" culture.
  • Article 372 (continuance of pre-Constitution laws): explains why colonial laws survive until they are repealed. This is a general constitutional point and was not among the retrieved sources.
  • Compliance-reduction and deregulation drives (DPIIT/DARPG): the forms-and-rules side of the same agenda.
  • Sunset clauses and regulatory impact assessment: tools for preventing obsolescence before it sets in.

14. NCERT Concepts to Revise

  • Citizen-centric administration (Polity): The note's core theme: outdated forms and procedures that ignore citizens' needs, as covered in the 2nd ARC's report.
  • Law Commission of India (Polity): It identifies obsolete laws for repeal; its 248th Report on repealing 72 Acts is cited.
  • Bill (Polity): Repealing and Jan Vishwas measures are Bills; you need to know how a Bill becomes an Act.
  • Select committee (Polity): The Jan Vishwas Bill, 2025 was referred to a Select Committee for detailed scrutiny.
  • Indexation (Economy): Old fixed fines like Rs 8 lose value; Jan Vishwas revises penalties every three years.
  • Ease of doing business (Economy): Cutting outdated rules and decriminalising minor offences lowers compliance burdens for businesses.

15. Common Errors / Trap Areas

  • Dates: The column ran in the 2026 paper, but the story it reprints is from about 1976. Do not treat the elephant clause as a current rule [1].
  • Repeal vs decriminalisation: The Repealing and Amending Acts remove whole laws. The Jan Vishwas Acts amend provisions so that imprisonment becomes a penalty, and the laws themselves stay in force [2][7].
  • Mixing up the numbers: 71 (RA Act 2025), 65 (RA Bill 2022), 72 (Law Commission's 248th Report) and 183 (Jan Vishwas 2023 provisions) [2][4][6][7].
  • Jan Vishwas 2026 figures: It covers 79 Acts and 784 provisions. Do not confuse it with the 2023 Act's 42 Acts and 183 provisions [7][8].
  • Which department: Repeal Bills come from the Legislative Department of the Ministry of Law & Justice, not the Department of Justice and not DARPG [10].

Sources

  1. 1The Hindu, "50 years ago: Outmoded form" (Today's Paper, 5 Nov 2026, p. 9):thehindu.com · tier 4
  2. 2PRS, Bill Summary: Repealing and Amending Bill, 2025:prsindia.org · tier 1
  3. 3PIB Factsheet, Repealing and Amending Act, 2025:pib.gov.in · tier 1
  4. 4PRS, Bill Summary: The Repealing and Amending Bill, 2022:prsindia.org · tier 1
  5. 5PRS, The Repealing and Amending Bill, 2014:prsindia.org · tier 1
  6. 6Legislative Department, Law Commission 248th Report on repeal of obsolete Acts:legislative.gov.in · tier 1
  7. 7PRS, Summary: Jan Vishwas Bill, 2025:prsindia.org · tier 1
  8. 8PIB document on the Jan Vishwas (Amendment of Provisions) Bill, 2026 (Apr 2026):static.pib.gov.in · tier 1
  9. 9PRS, Summary: Jan Vishwas Bill, 2026:prsindia.org · tier 1
  10. 10Legislative Department Dashboard, Repeal of redundant and obsolete laws:lddashboard.legislative.gov.in · tier 1
  11. 11OECD, Reviewing the Stock of Regulation (OECD Best Practice Principles for Regulatory Policy, 2020)oecd.org · tier 2
  12. 12Business Standard, Opinion: Laws and order (on the Jan Vishwas Bill and environmental penalties)business-standard.com · tier 4
  13. 13PRS, Report Summary: Joint Committee on the Jan Vishwas (Amendment of Provisions) Bill, 2022prsindia.org · tier 1

Mains Q&A on this note

NCERT concepts in this note

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