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

Chief Justice of India NV Ramana on Saturday said that there is a general decline in the legislative performance in the country and that laws are being passed without due deliberation and scrutiny.Addressing a meeting at the Legislative Assembly of Rajasthan on the topic "75th year of Parliamentary democracy", the CJI said :"I hope I am proved wrong. But, sadly, the country is witnessing a decline in the quality of legislative performance. The contemporary political commentary is generally critical of the fewer sittings of the legislature and under-utilisation of its potential. Yes, the Constitution does not specify the minimum number of days for which the state assembly must meet every year. However, there is no doubt that the citizens will definitely get benefited by longer engagements."To make the legislative debates more effective and meaningful, the CJI suggested that the lawmakers can take the assistance of qualified law clerks."Law making is a complicated process. One cannot expect every law maker to have a legal background. It is essential that Members of the Legislature have quality assistance from legal professionals, so that they are able to contribute to the debates meaningfully. The Hon'ble Speaker may consider providing the assistance of qualified law clerks to each of the MLAs. We, as judges, are also assisted by law clerks in our day-to-day Court work. Let me assure you, it will really be helpful to you all", the CJI said.Better laws will save judiciary from avoidable litigation 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...

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

Sohini Chowdhury

Tags