This Article is written by Himanshu Shukla, Student (IP University, Delhi)
Speaking at the 75th Independence Day celebrations organized by the Supreme Court Bar Association, the Chief Justice of India NV Ramana on Sunday expressed concern over the lack of debate in Parliament and state legislatures and said The CJI said that earlier the debates inside the Parliament used to be very sensible, positive. At that time any law was properly discussed… Now it is a ‘sorry situation’ as the absence of quality debate leaves many aspects of laws unclear and burdens the court’s increase.
The statement by the Chief Justice of India came few days after the end of the monsoon session of Parliament. There were allegations put on govt by the opposition that the bills are being passed in haste without adequate discussion in the houses. There was no proper functioning throughout the Monsoon session and the closing day witnessed embarrassing scenes.
The CJI said in his speech that ‘the leadership of the liberty movement was usually in the hands of lawyers’. He also recited the names of Mahatma Gandhi, Sardar Patel…etc, and said that they led the movement and got us freedom. If you look at the structure of the first Lok Sabha, Rajya Sabha, and state Legislative assembly, you may discover most of them were lawyers.
CJI Raman in his address to the Bar said, “…most of the members of the primary Lok Sabha and Rajya Sabha were all legal professionals and members of the legal fraternity. Unfortunately, we all know what’s happening now in Parliament concerning debates on laws.” Member. He said that various constitutional amendments won’t to be debated in Parliament and the way they’d affect the people.
“Now, this is a regrettable situation. There are plenty of gaps and plenty of ambiguities within the law-making process due to the shortage of debate. We don’t know what the legislature intended. We don’t know for what purpose.” went. This causes plenty of inconvenience to the people. This happens when the members of the legal fraternity aren’t in the Parliament, also in the state legislature.”
Parliament’s monsoon session was briefly called off last week after relentless opposition from the opposition over the Pegasus espionage controversy, agricultural legislation, price hikes, and other issues.
There is no clarity in the laws. We do no longer realize for what cause the laws have been made. This is causing a variety of litigation, inconvenience, and loss to the government in addition to the public. This is what happens if there aren’t any intellectuals and experts like lawyers inside the houses.
CJI stated that earlier there were ‘sensible and positive’ debates in Parliament which helped the court to apprehend the motive and intention behind the laws.