Quality Of Legislative Performance Declining In Country; Laws Being Passed Without Detailed Deliberation & Scrutiny : CJI Ramana

Deliberation on and scrutiny of laws at the stage of its making will produce better laws saving judiciary from avoidable burden of litigation. In this backdrop the suggestion was made by CJI, Ramana.

CJI Ramana highlighted the importance of parliamentary debates and the need to have mutual respect between the government and the opposition. In this regard, he made an astute observation that the space for opposition is diminishing and the laws are being passed without detailed deliberation and security.

"Particularly, the leaders in the opposition used to play a stellar role. There used to be a lot of mutual respect between the government and the opposition. Unfortunately the space for opposition is diminishing. We are witnessing laws being passed without detailed deliberation and scrutiny".

Political opposition translating into hostility not a sign of health democracy

"Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious. The diversity of opinion enriches polity and society. Political opposition should not translate into hostility, which we are sadly witnessing these days. These are not signs of a healthy democracy", the CJI added.

"Strong, vibrant and active opposition helps to improve the governance and corrects the functioning of the government. In an ideal world, it is the cooperative functioning of the government and the opposition which will lead to a progressive democracy. After all, Project Democracy is a joint effort of all the stakeholders."

This was the first time a member of the judiciary was invited to address a gathering in the chamber of the legislature. While expressing gratitude for being invited, CJI Ramana confessed that as a student he had a dream of walking in the footsteps of the legendary law makers of his times and was content that his dream of being inside the Legislative Assembly had been fulfilled.

'Sorry State Of Affairs' : CJI Ramana Says Laws Lack Clarity These Days Due To Lack Of Parliamentary Debates

'Majority rule is untenable in theory and unjustifiable in practice' : CJI quotes Dr. B.R. Ambedkar

Elucidating on the core idea of parliamentary democracy, he indicated that calling it merely the 'rule by majority' would be reductive. He reiterated the note of caution expressed by Dr. Ambedkar when he had stated "the majority rule is untenable in theory and unjustifiable in practice". He emphasised that the framers of the Constitution had opted for a representative democracy, where the minority is not overwhelmed by the majority.

"Parliamentary Democracy was a way to preserve our plurality, the multitude of our identities and to have a future built on consensus."

CJI Ramana reckoned that though the success of our democracy is largely dependent on people's participation, the reality is that a large portion of the populace is still in the grip of poverty, illiteracy, discrimination and intolerance. The duty to relieve them from the routined suffering, and fulfill their constitutional aspirations has been bestowed on the three pillars of democracy.

Coming to the role of the legislature, he stated that their role goes beyond making laws and policies. He added -

"You are accountable to the people. Your performance, conduct, actions towards fulfilling the promises, everything gets judged. Every time you are in the field, people not only come to you with their problems, they seek answers as well. As their leader and representative, they want you to air their issues and grievances. In a society such as ours, where the vulnerable lack voices, it is expected that you will be their voice and bring their troubles to the notice of the relevant authorities."

Building a peaceful and inclusive society is a duty of a statesman

But, he also noted that the legislature has the power to bring about progressive social change and is the only institution that has the power and the ability to hold the society together. Elaborating further, he stated -

"Building a peaceful and inclusive society is not just a matter of public administration, but also a duty of a statesman. You are a reflection of the people's aspiration. Let morality of the constitution guide you in the right direction. After all, you are all role models."

Laws without deficiency save the judiciary from the avoidable burden of litigation

He clarified that his observations are not criticism, but stems from his concern that the imperfections in the lawmaking would increase the judiciary's burden.

"In the absence of a thorough debate involving all the sides of the house, as a judge at times I wonder as to how does one trace the legislative intent behind the enactments. Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious. The diversity of opinion enriches polity and society. Political opposition should not translate into hostility, which we are sadly witnessing these days. These are not signs of a healthy democracy."

Increasing state intervention, executive and legislative excesses, rising awareness of rights have increased public expectation on judiciary

The excesses of the executive and legislature, in the absence of an active opposition, has made it imperative for the judiciary to intervene in order to improve the quality of the lives of the people, who now have heightened expectations from the judiciary.

Youth of the country have most important role in our democracy

Asking the youth of the country to be aware of its present and the past, CJI Ramana noted that the future of the country would depend on the nature of their participation in public life.

People will ultimately set the course of future democracy

In conclusion he acknowledged that people of the country would set the course of the future democracy of our country -

"History is a witness, whenever a government fails to stand up to the scrutiny or expectations of the people, they have expressed their will in the form of a change."