Flawed law-making leads to litigation: Call for AG's role in pre-legislative scrutiny
The article argues that India's constitutional courts have become "parallel legislators" due to Parliament's systematic abdication of precise law-making, leading to frequent challenges to legislation. The authors, Samrat Pasriccha and Rohini Narayanan, highlight that laws are often introduced without adequate notice, bypass committees, and are rushed through with minimal scrutiny, resulting in vague definitions, incoherent clauses, and contradictions with existing laws or the Constitution. This flawed process leads to litigation, harming economic prosperity, social harmony, and democratic values. They propose that the Attorney-General for India (AG) should play a more active role in pre-legislative scrutiny, leveraging Article 88 of the Constitution, to guide lawmakers and prevent legislation from becoming litigation.
Key Points
- India's constitutional courts are increasingly acting as "parallel legislators" due to Parliament's inadequate law-making process.
- Legislation is often rushed, lacks proper stakeholder consultation, bypasses parliamentary committees, and contains flaws like vague definitions and contradictions.
- This leads to frequent litigation, burdening courts and negatively impacting economic prosperity, social harmony, and democratic values.
- The authors advocate for the Attorney-General for India (AG) to actively participate in parliamentary proceedings, as per Article 88 of the Constitution, to provide pre-legislative scrutiny.
- The AG's counsel could help identify and amend legal inconsistencies and constitutional infirmities before laws are enacted, ensuring better-drafted statutes.
Exam Facts
- The article discusses the Waqf (Amendment) Act, 2025, as an example of challenged legislation.
- Section 18(d) of the Transgender Persons (Protection of Rights) Act, 2019, and the Bharatiya Nyaya Sanhita, 2023, are cited for legislative inconsistencies.
- Chapter 9 of the Manual of Parliamentary Procedure outlines the process for legislation.
- Article 88 of the Constitution grants the Attorney-General for India the right to participate in Parliament proceedings.
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