CJI Ramana Says Laws Lack Clarity These Days Due To Lack Of Parliamentary Debate
The Chief Justice of India NV Ramana on August 16 expressed his unhappiness over the lack of debates in Parliament while laws are being enacted these days.
The CJI said that earlier there used to be “wise and constructive” debates in the Parliament, which helped the Courts to understand the object and intent of the laws. He cited the example of the Parliamentary debate during the enactment of the Industrial Disputes Act, where a member from Tamil Nadu, Mr. Ramamoorthy belonging to CPI(M), had discussed it elaborately.
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“I still remember the debate which took place during the introduction of some amendments to the Industrial Disputes Act…a member from Tamil Nadu, Mr. Ramamoorthy, a CPM leader, had discussed it elaborately, its consequences, and how it affected the working class. Same way different legislations used to be deliberated. So the burden of the Courts while interpreting or implementing the laws used to be less as we had a clear picture as what was the purpose behind the making of a particular law and what the legislature thought while making the law”, he said.
But now, the CJI lamented that there was a “sorry state of affairs” as laws are passed without sufficient debates.
“But now, it is a SORRY STATE OF AFFAIRS. We see legislations with a lot of ambiguities…. and a lot of gaps in laws. There is no clarity regarding the laws. We don’t know for what purpose; a law has been made… this creates a lot of litigation and inconvenience and loss to the Government and public.”
“This is what happens when intellectuals and lawyers are not there in our houses. I don’t want to say more than this, but it is time for the legal community lead, to participate in social and public life,” added the CJI.
The comments of the CJI assume relevance in the backdrop of criticism that the Parliament is rushing through bills without sufficient debates and scrutiny by select committees.
The CJI was speaking at the event organized by the Supreme Court Bar Association to celebrate 75th Independence Day.
He also highlighted the role played by Mahatma Gandhi, Jawaharlal Nehru, Sardar Patel, Rajendra Prasad who sacrificed their profession but their properties, their families. everything…everything.
Against this backdrop, the CJI asked the Lawyers to not confine themselves to the profession, earning money, and living comfortably.
“Please think over it…we should actively participate in public life, do some good service and I hope goodness will come to the country,” said the CJI.
Source: Livelaw.in