Context :
CJI: Legislature doesn't study or assess impact of
laws it passes / The
Tribune / 28 Nov 2021
Extract :
Chief
Justice of India (CJI) NV Ramana on Saturday said, “The legislature does not
conduct studies or assess the impact of the laws that it passes, which sometimes leads to big issues and result in
over-burdening of cases on the judiciary.
My Take :
Ø Life is no more as simple and straightforward
as it used to be 50 years ago
Ø Industry / Business / Economy / Society ,
cannot anymore work in isolation of each other
Ø Countries are getting more and more “
inter-dependent “, with each exporting / importing , Goods and Services from
one another
Ø During the past 10 year, this “ Globalization “
has become intricately woven by E-Commerce
Ø Technology is moving so fast that laws are
getting “ obsolete “ within months of getting enacted
Ø In a democratic set up like ours, proposed
bills require close scrutiny by Standing Committees / Joint Parliamentary
Committees – a process, which sometimes , takes months . Just witness the Data Protection Bill which was under such scrutiny
for past 2 years, before
getting tabled yesterday
Ø
Even after a
scrutiny lasting 2 years, to me it appears that the draft contains so many loopholes / vagueness, that
it will be extremely difficult ( if not impossible ), to implement it
Ø In case of future litigations in respect of “
perceived violations “ of this law, I believe even the judges will fail to agree on the definitions of various terms /
concepts, enshrined in its various clauses
Ø Given all of these complexities, sometimes it
is best not to try and legislate in matters which are best left to be sorted
out by parties concerned among themselves. Following proposals come to my mind
:
[ A ]
India
Inc may switch to Pay@WFH Formula /
ET / 17 Dec 2021
[ B ]
‘Donate Pension’ appeal to households in works / ET
/ 29 Nov 2021
Dear Shri Kiran Rijujuji,
In both of the above-mentioned cases, I urge
you to adopt a “ Wait and Watch “ policy and not rush to
passing a law or issuing any government “ directive “ , despite any possible (
political ? ) compulsion to act
If hurriedly enacted as laws, these may cause more problems than they solve !
With Regards,
Hemen Parekh
/ hcp@RecruitGuru.com / 18
Dec 2021
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