CJI rues lack of debate during lawmaking after Opposition ruckus mars Parliament session

Days after the Monsoon session of Parliament ended days ahead of schedule, CJI NV Ramana expressed concern over the paucity of debate during lawmaking. Speaking at an event organised by the Supreme Court Bar Association to mark 74 years of Independence, the CJI recalled that most key leaders at the forefront of the freedom struggle such as Mahatma Gandhi, Jawaharlal Nehru, Sardar Vallabhbhai Patel and Rajendra Prasad were lawyers. According to him, the presence of lawyers in the state legislature and Parliament in the initial years ensured constructive debate.

He added that the clarity in the laws resulted in relative ease for the apex court in interpreting them. Lamenting the "sorry state of affairs" in the present situation, the CJI asserted that ambiguity in the legislation not only leads to a lot of court cases but also causes inconvenience to the people. This is perceived as a reference to the purported deteriorating standard of debate in Parliament and the absence of discussion on bills. On this occasion, CJI Ramana called upon lawyers to play a more active role in public life. 

CJI NV Ramana remarked, "If you take into consideration the first members of the Lok Sabha and Rajya Sabha or different Houses of the states- all are filled with lawyers. Unfortunately, over a period of time, you know what is happening in the Houses. If you see the debates which used to take place in the Houses those days, it was wise and constructive. They used to debate any legislation which they are making."

"The burden of the courts while interpreting or implementing the law is less. So, we had a clear picture of what they wanted to tell us, why they are making such a legislation. Now, (there is a) sorry state of affairs. Now, we see the legislation. (There are) a lot of gaps and ambiguity in making laws. There is no clarity in laws. We don't know what purpose the laws are meant for which is creating a lot of litigation, inconvenience, a loss to the government as well as inconvenience to the public," he added. 

Parliament session marred by chaotic scenes

Since the commencement of the Monsoon Session on July 19, Parliament was marked by sloganeering, leaders rushing to the Well of the House with placards, tearing of papers, and repeated adjournments. The opposition blamed the stubborn attitude of the treasury benches for the logjam, insisting on discussing the Pegasus 'snooping' row followed by the farm laws and inflation. Both Lok Sabha and Rajya Sabha adjourned sine dine on Wednesday owing to the obstructionism of the opposition.

The productivity of the Lower House and Upper House was 21% and 28% respectively. Rajya Sabha in particular saw chaotic scenes with 7 TMC MPs- Santanu Sen, Dola Sen, Md. Nadimul Haque, Abir Ranjan Biswas, Shanta Chhetri, Arpita Ghosh and Mausam Noor being suspended during the course of the Session. The final day also witnessed pandemonium with the opposition alleging that marshals had manhandled two women MPs. However, the Centre rubbished these allegations and demanded strict action against MPs who purportedly indulged in hooliganism. 

As per the opposition, a majority of the 22 bills passed in both Houses of Parliament were cleared within minutes of introducing them. For instance, the Rajya Sabha cleared the Appropriation (No.3) Bill, Coconut Development Board Bill, Insolvency and Bankruptcy Code (Amendment) Bill and General Insurance Business Nationalisation (Amendment) Bill in 3,4, 5 and 8 minutes respectively. But, the Union government accused the erstwhile UPA dispensation of passing 18 bills in haste.