CJI’s wake-up call to MPs
Chief Justice of India N.V. Ramana’s message delivered on Independence Day goes way beyond anything that can be attributed to historical jousting among three pillars of democracy — the judiciary, the legislature and the executive. His prophetic words should act as a wake-up call to those tasked with the conduct of Parliament towards fulfilling its primary objective of enacting laws and this involves politicians of all hues. If the legislators are not doing their job with the diligence required for the making of laws after proper debate, the after-effects are bound to be felt in the judiciary because it has to contend with the ambiguity of laws and confusion over intent as litigation invariably pops up.
The CJI lamented the dearth or even death of informed debate in the House. The background to the cutting comments may have lain in the potential for confrontation between the Supreme Court and Parliament created by the recent passage of two Bills which nullify the effect of two SC judgments — the Constitution (127th Amendment) Bill 2021 and the Tribunals Reform Bill 2021. The undermining of the authority of the Supreme Court is not an unintended consequence of these actions by lawmakers who became a band of brothers while passing the legislation to do with States’ powers to decide on which groups of OBCs can benefit from reservations in jobs and education.
The CJI’s sweeping observations also had to do with the plunging quality of parliamentary debate. The halcyon days of in-depth discussions on laws may have long gone but even recent ones of sparkling debates starring individuals like P. Chidambaram and Arun Jaitley, two finance ministers from opposite ends of the political divide, are history now. The Monsoon Session could be a case study of how Parliament, convoluted by the bitter politics of issues of the day being denied their space as subjects for debate, rushes through legislation. As many as 20 Bills were passed with no debate or minimal discussion leading to the conclusion that the quality of such lawmaking is extremely suspect. This is a matter of concern not only for the head of the judiciary but also the whole nation.