December 8, 2014
Kalyan Banerjee speaks on Repealing and Amending Bill, 2014 | Transcript
Hon’ble Deputy Speaker Sir,
With regard to the Repealing and Amending Bill 2014, let me first place what is the object and reasons of the enactment. Basic necessity of the Bill was that the Acts mentioned in this Schedule have become obsolete in exercise of different stands.
Now the question comes why it has become obsolete? In our country, there is no dearth of law, but unfortunately the agencies which have been assigned by the Act to discharge their duties are not discharging them. A vibrant law has been turned into an obsolete law, just because of non implementation of the legal provisions by the agencies. That has been done not in one day or two days, but for decades after decades, authorities have not discharged their duties and law has become obsolete. Therefore, while we are taking the steps for the Repealing and Amending Bill, 2014, simultaneously, it is the responsibility of the Central Government to look into the provisions all the existing Acts are being implemented in proper time and executed. That will be the benevolent object if we really go by the statuettes which have been enacted by the Parliament.
In the Parliament we only legislate the law. It is the duty and responsibility assigned to the government agencies and offices, to implement the same. I request the Hon’ble Law Minister to put up a mechanism, through which you can ensure that the legal provisions are implemented. It is the responsibility of the executive agencies to see the law is being implemented.
Another factor for bringing this law is the defect in drafting. Hon’ble Deputy Speaker Sir, it is a very unpleasant for a Legislature to hear outside of the Parliament when a law is criticized in the Court of Law, the drafting of the law is so bad. Why repeatedly the Supreme Court has to criticize the lawmakers because of the bad drafting of the law? Why repeatedly the Supreme Court has to interpret doctrine of ominous cautious by reason of the fault of doctrine of law? I will request the Law Minister that henceforth, kindly look into this drafting of the law because you have brought the Amendment. Some of the amendments by this Act itself are due to defect of the drafting of the law.
Sir, a law has to be enacted as per the requirement of the country itself. Do not enact any law only because of the desire of any individual. Individual comes, individual goes and when individual goes, law again becomes obsolete. Therefore, feel the need of enactment of a law on the basis of the necessities of the society.
Sir, I will request, we have a Law Commission which examines the different provisions of enactment of law. Is really the Law Commission so effective to deliver the goods? I have no disrespect for the Law Commission, as it consists of very senior judges. Respected Members, I have all respect but Law Commission has to be made more effective. It has become inefficient. The reports of the Law Commission should be made available to the Parliament to understand the things.
Sir, there should be mechanism for review as regards implementation of law. Sir, very recently, we amendments have been made in the month of August in the SEBI Bill, but why the provisions are not being implemented? If provisions not implemented then the law becomes obsolete.
Sir, there should be publicity of service-orientated law. A service-orientated law needs to be publicized, like the National Consumer Products Act, which was publicized and people became cautious.
The pre-Independence laws require to be reviewed like the Indian Penal Code, Police Act as they were enacted long back before Independence – as early as 1860 and 1872. Now time has come to think over these laws. If this thinking is there, and if this exercise is being made by the Law Ministry, I don’t think these types of Acts are required. Thank You.
