Law & Behold In Democratic India

Context: Lawmaking in India is the best example where People, Parliament and Judiciary come together to create a rule of law that is binding on each constituent of society.

Process of lawmaking in India

• Bills are discussed threadbare in Parliament.
• Then, sent to select or standing committee: for review, consultations and suggestions.
• Takes suggestions from subject experts and stakeholders.

Factors responsible for the genesis of laws passed by parliament

• Political promises: based on the manifestos of political parties. E.g. nationalisation of banks, abrogation of Article 370 in Jammu and Kashmir etc.
• Judicial pronouncements: E.g. triple talaq law was enacted by the parliament after the Supreme Court called the practice unconstitutional.
• Public opinion: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 was enacted by the parliament because of resentment in society due to a court verdict.
• Needs of society: E.g. Criminal Law (Amendment) Act, 2013, the Dowry Prohibition Act, 1961, the Surrogacy (Regulation) Bill, 2019, and Personal Data Protection Bill, 2019, new farm laws are born out of demands of an evolving society.
• Administrative reasons: E.g.
  • Goods and Services Tax was enacted to bring efficiency in tax administration.
  • Insolvency and Bankruptcy Code (IBC) to facilitate reorganisation and insolvency resolutions.
• International treaty commitments: Article 253 of Indian constitution gives India the mandate to enact international treaties. E.g. -
  • Environment Protection Act, 1986, and Prevention of Money Laundering Act, 2002 was enacted based on India’s international treaty commitments.
• Imparting morality: the question of morality is not delinked from lawmaking.
  • Article 19(2) allows for “reasonable restrictions” on the exercise of the right to freedom of speech “in the interests of ” the security of the state, friendly relations with the foreign states, public order, decency, morality, sovereignty and integrity of India...’

Key concern related to law-making in India

• Law related to technology cannot be made in anticipation: as technology changes faster than laws.
• Moral problems: on imposing “reasonable restrictions” (allowed under Article 19(2) of the Indian constitution).