Lawyers representation in parliament will lead to passing of laws with more clarity

2 years ago Trivandrum Janine John

The Chief justice of India NV Ramana expressed his concern over the lack of debate in the parliament and state legislature while enacting laws where it leaves a burden on the courts since in the absence of a quality debate they are unable to interpret the intent and object  of the new law. He said it is a “sorry state of affairs”. Speaking at an event on the 75th Independence Day organised by the Supreme Court Bar Association CJI’s remarks are significant particularly when most of the monsoon bills were passed denying the opposition the ‘legitimate right of discussion’. 

The CJI stated that, in the past, there were "wise and constructive" debates in Parliament, which aided the Courts in understanding the laws' object and intent. He used the example of a debate in Parliament during the enactment of the Industrial Disputes Act, in which a Tamil Nadu member, Mr. Rammoorthy, belonging to CPI(M), spoke extensively. He added that due to a lack of debates, the law-making process is riddled with holes and uncertainty, we don't know what the legislature's goal is and we don't know why laws are enacted in the first place. The people are greatly inconvenienced as a result of this. This happens when members of the legal fraternity are not in the Parliament and state legislature.

Some of the bills were passed without the discussion in the Parliament during the monsoon session. Trinamool MP Derek O’Brien tweeted, “In the first 10 days, Modi-Shah rushed through and passed 12 Bills at an average time of UNDER SEVEN MINUTES per Bill. Passing legislation or making papri chaat!”.

  • Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021: empowers the district and additional district magistrates to issue adoption orders and examine the work of various child welfare authorities, including the child welfare committee and district child protection unit. 
  • Factoring Amendment Bill, 2021: It aims to aid the MSME (micro, small and medium enterprises) sector and help them in ensuring a smoother capital cycle and healthier cash flow,
  • The General Insurance Business (Nationalisation) Amendment Bill, 2021: the Bill which will allow the government to reduce its share in the state-owned general insurance companies, helping achieve its divestment targets. 
  • Tribunal Reforms Bill, 2021: The Bill seeks to abolish tribunals or authorities under various laws by amending various statutes to streamline the justice delivery system. 

The government has remained committed to passing as many laws as possible, which are essentially ordinance replacements. If the bill is not passed, the Centre will have to go through the procedure again using Presidential proclamations and present it to Parliament.

The Chief Justice of India, stated that after independence, a considerable number of attorneys were present in Parliament, which resulted in high-quality arguments.he further told the lawyers, "Don't confine yourself to your profession, earning money and living comfortably. Please think over it. We should actively participate in public life, do some good service and share the experience with the country. Hopefully, goodness will come out of it in the country."








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