Chief Justice of India NV Ramana on Sunday, August 15, expressed concern over the lack of debate in the Parliament and state legislatures, calling it a "sorry state of affairs" as the absence of quality debate leaves many aspects of laws unclear and increases the burden on courts. He said that an elaborate discussion during the law-making process reduces litigation as when courts interpret them, the intent of the legislature is known clearly.
"(It is) a sorry state of affairs. There are a lot of gaps and a lot of ambiguity in laws, there is no clarity in laws. We don't for what purpose the laws are being made, which is creating a lot of litigation and inconvenience as well as loss to the government and inconvenience to the public," the Chief Justice of India said. Speaking at the 75th Independence Day function organised by the Supreme Court Bar Association in the lawns of the top court, the Chief Justice remembered when "wise" debates in Parliament on various constitutional amendments and how they will affect the people.
"Most of the members of first Lok sabha and Rajya Sabha were all lawyers and members from the legal fraternity. Unfortunately, we know what is happening now in the Parliament with respect to debates on laws," CJI Ramana said in his address to the bar members. "Long ago, I have seen a debate during the introduction of the Industrial Disputes Act and a member from Tamil Nadu used to discuss the law so elaborately as to the consequences, about how the law will affect the working class. Laws used to be deliberated. It used to reduce the burden on the courts, as when the courts interpreted the law, we had a clear picture of the law and we all knew the intent of the legislature," the Chief Justice said.
The CJI added the Supreme Court has played an active role in the country and has given more than what the Constitution has thought of, but he expects the legal fraternity to contribute more. The CJI told the lawyers, "Don't confine yourself to your profession, earning money and living comfortably. Please think over it. We should actively participate in public life, do some good service and share the experience with the country. Hopefully, goodness will come out of it in the country."
"There are small issues but around 75 percent of the people in need of justice have got legal aid. You (lawyers) all should participate in the legal aid movement. On November 26 and 27, we may have two day workshops on Constitution Day on legal aid," he said.
Watch his remarks below:
At the outset, the chief justice said it is a historic day and an occasion for all to rethink and review the policies to understand "what we have achieved and what we have to achieve in the future".
"Seventy-five years is not a small period in the history of the country but we have to also consider the vast landscape and geographical condition of our country," the CJI said, while recalling his childhood days when they were given jaggery and and murmura (puffed rice) in school on the occasion of Independence Day.
"Since then, a lot of development has taken place. Small things given to us in school made us very happy but in today's time when we have so many facilities, we are not happy. I think this is due to our saturation level," he said.
Supreme Court Judges AM Khanwilkar and V Ramasubramanian were also present on the occasion alongside several lawyers and members of the Supreme Court Bar Association. Solicitor General Tushar Mehta, who was also present on the occasion, said the Chief Justice of India is the 'karta' (guardian) of Indian legal family and thus he does not wish to say anything more.
"India is a young democracy and when we look around the neighbouring countries and they call themselves democracy and we all know how they have failed. In contrast, we have been able to sustain it the way it was envisioned by the framers of our Constitution," Mehta said. The Chief Justice of India unfurled the national flag after which the national anthem was played by a police band.
Supreme Court Bar Association President Vikas Singh welcomed the guests and said that it is a historic day as the country is celebrating its 75th Independence Day. He thanked the Chief Justice and other judges for gracing the occasion.