The Chief Justice of India, NV Ramana, cited Bihar’s ban on Sunday as an example of the “lack of vision” in drafting legislation, causing the courts to be flooded with cases, and said that the legislature appeared to “underutilize” the parliamentary standing committee system. “Strengthen the review of the bill.”
“I hope this will change, because such review improves the quality of legislation,” CJI Ramana said at the Fifth Late Shri Lavu Venkateswarlu Donation Lecture on “Indian Justice: Challenges for the Future” at Siddhartha Law School in Vijayawada.
In his speech, CJI also defended the judicial system, because the Collegium system of judges appointing judges is equivalent to the appointment of judges, calling it “one of the widely circulated myths.” Speaking of the lack of well-thought-out legislation, CJI stated that “there is usually no impact assessment or basic review of constitutionality before the legislation is passed.”
“Lack of vision in legislation will directly lead to court blockage. For example, the introduction of the Bihar Prohibition Order in 2016 caused the High Court to be blocked by bail applications. Therefore, a simple bail application can take a year to be processed,” he Say.
Emphasizing the importance of debate in legislation, CJI said: “Imperfect laws have led to a surge in litigation. A proposed law can only be improved through the participation of all stakeholders and meaningful debate. Parliament introduced it in the 1990s. An extraordinary mechanism to strengthen the review of the bill-the review of the Standing Committee. However, the legislature does not seem to be able to make full use of the committee system.”
When talking about the choice of judges, CJI Ramana said, “It has become a fashion to reiterate phrases such as ‘the judge appoints the judge himself’.”
“I think this is one of the widely circulated myths. In fact, the judiciary is only one of the many participants involved in the process. Many authorities are involved, including the federal law department, state governments, governors, high court colleges, intelligence The bureau, and finally the top executives, are all appointed to review the suitability of candidates. I regret to note that the above concepts are also spread by well-informed people. After all, this narrative fits certain parts,” he said.
Complete News Source : The IndianEXPRESS
