38.6c New Delhi, India, Friday, May 24, 2024
Judiciary

SC to take up PIL by Ashwini Upadhyay for publishing draft laws before hand to strengthen law making process

By Harshvardhan Sharma      27 October, 2022 05:59 PM      0 Comments
SC to take up PIL by Ashwini Upadhyay for publishing draft laws before hand to strengthen law making process

NEW DELHI: The Supreme Court is set to take up on October 31 an important PIL by advocate Ashwini Kumar Upadhyay for a direction to the Centre and States to publish draft legislations 60 days before introducing those in Parliament and State Assemblies.

A bench of Chief Justice U U Lalit and Justices S Ravindra Bhat and Bela M Trivedi would take up the matter.

Upadhyay pleaded for putting draft in public domain prominently which would make professionals and others to discuss the proposed statutes strengthening the law making process.

He asked the court to ensure that the decisions taken in the meeting of the Committee of the Secretaries on January 10, 2014, under the Chairmanship of Cabinet Secretary on Pre-Legislative Consultation Policy were complied with in order to ensure wide public discussion and feedback.

"A rigorous public debate on the law for two months would force the Executive to analyse every aspect. When the law would be debated in the parliament, MLAs/MPs will give better suggestions as well. After all this, the new draft (if published in all regional languages) would encompass all suggestions received from all sections, thus it would be error-free and democratically viable," his plea stated.

It further claimed that this would eliminate the challenging of the law, as the court can ask the petitioner why he/she hadn't given his/her suggestion to the government. "Such a law-making process would be more effective and transparent. It would also strengthen democracy and reduce the load of PILs," the plea suggested.

The petitioner said the cause of action accrued on November 26, 2020, when farmer and labour unions protested against the three farm Acts. On November 30, 2020, farmers converged at various border points of Delhi and continued to protest.

"As the draft was not published for wide consultation and feedback, this has led to a lot of misinformation and protest among the farmers and political vultures are using this chaos to advance their own cause, using the farmers as a front," he claimed.

Upadhyay claimed in view of the recommendations of the National Advisory Council, the National Commission to Review the Working of the Constitution and comparative international practices, the Government of India had conceived of a Pre-Legislative Consultation Policy in 2014. It was then made mandatory for the Ministry or Department concerned to publish or place in the public domain the draft legislation or at least the information that may include a brief justification for such legislation, essential elements of proposed legislation, its broad financial implications.

He said the existing law making process is not only undemocratic but also unconstitutional.

"Secretaries of the respective departments draft the bill and cabinet approves it without wider public discussion and feedback. It is only after the Parliament/Assembly debate that the public is made aware of it. Moreover, many times, the government makes new laws even when amending the existing law would suffice. It not only exhausts the public resources but also is a complete waste of legislature's time," his plea said.

For example, conversion by the carrot and stick (deceitful conversion) is a national problem and adding just one sentence to Section 493 of the IPC can make the conversion by 'hook or crook' a serious offence all over India but States are making new law through ordinance. Similarly, removing a sentence from S. 494 can make polygamy a serious offence for all citizens but Centre is waiting for the apex Court's verdict.

Likewise, after the Supreme Court judgment, Triple Talaq is now void and unconstitutional and has no impact on a marriage.

Now, it has been rendered a mental cruelty which could have been done by adding a sentence to S. 498A, IPC.

"Law-making process needs drastic reforms. Any Draft Legislation, except those related to National Security, must be published on the government's website for at least 60 days before introduction in Parliament / State Legislature. People will come to know about the law through various platforms such as electronic print and social media. Experts would analyse it, professionals would debate it and people representatives will discuss in their constituencies. It will strengthen the concept of socialist secular democratic republic," the plea said.



Share this article:



Leave a feedback about this
Related Posts
View All

Stop Dividing India On Minority-Majority Basis: BJP LEADER ASHWINI UPADHYAY Stop Dividing India On Minority-Majority Basis: BJP LEADER ASHWINI UPADHYAY

The Constitution of India is by the Indians and for the Indians. Globally, there are 6000 plus languages. Can we consider a Chinese or French-speaking person a linguistic minority? If yes, then India would end up having 60+ linguistic minorities. Linguistic minorities may be identified at the district level, and only Indian languages may be considered for protection under Articles 29-30, i.e. a Hindi speaking person is a linguistic minority in Kerala and Tamil speaking in Bihar. The same notion may follow for religious minorities too, and only India originated religions may be considered a religious minority

Ashwini Upadhyay Who Challenged Places of Worship Act Seeks Impleadment In Gyanvapi Dispute Before Supreme Court Ashwini Upadhyay Who Challenged Places of Worship Act Seeks Impleadment In Gyanvapi Dispute Before Supreme Court

The Supreme Court had on Friday heard the Special Leave Petition regarding the Gyanvapi issue and had ordered that Order 7 Rule 11 Application being tried in the subordinate court of Varanasi be sent to the District Judge, as the Court was of the opinion that a seasoned hand would be required to handle the matter.

Why Places of Worship Act 1991 Does Not Apply to Gyanvapi Matter Ashwini Upadhyay Gyanvapi Mosque Why Places of Worship Act 1991 Does Not Apply to Gyanvapi Matter Ashwini Upadhyay Gyanvapi Mosque

ज्ञानवापी पर एडवोकेट अश्विनी उपाध्याय की याचिका में दी गई दलीलों के बाद मुस्लिम पक्ष परेशान है। जिस कानूनी तथ्यों के आधार पर याचिका डाली गई है उसके बाद आज देश में इस याचिका को लेकर काफी चर्चा हो रही है क्या है याचिका में दलील देखिये रिपोर्ट।

SC to hear plea against validity of Places of Worship Act on Sep 9 SC to hear plea against validity of Places of Worship Act on Sep 9

The Supreme Court is likely to hear on September 9 a plea by BJP leader and advocate Ashwini Kumar Upadhyay challenging validity of the Places of Worship (Special Provisions) Act, 1991, which mandated maintaining character of religious places as prevailed on August 15, 1947.

TRENDING NEWS

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
national-security-always-paramount-sc-cancels-bail-of-pfi-members
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM

TOP STORIES

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM
abuse-under-sc-st-act-has-to-be-in-public-view-to-make-out-offence-sc
Trending Judiciary
Abuse under SC/ST Act has to be in public view to make out offence: SC [Read Judgment]

SC rules abuse under SC/ST Act must be in public view. Case involves Olympic Riding and Equestrian Academy, highlighting key requirements for the offence.

18 May, 2024 05:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email