DEAR SHRI KIRAN RIJIJUJI / PLEASE HASTEN SLOWLY WHERE ( EVEN ) ANGELS FEAR TO TREAD

 Laws : Debate / Enact / Amend / Repeal (  DEAR  )

 

 

Context :

CJI: Legislature doesn't study or assess impact of laws it passes  /  The Tribune / 28 Nov 2021

 

Extract :

 

Chief Justice of India (CJI) NV Ramana on Saturday said, “The legislature does not conduct studies or assess the impact of the laws that it passes, which sometimes leads to big issues and result in over-burdening of cases on the judiciary. 

 

 

My Take :

 

Ø Life is no more as simple and straightforward as it used to be 50 years ago

Ø Industry / Business / Economy / Society , cannot anymore work in isolation of each other

Ø Countries are getting more and more “ inter-dependent “, with each exporting / importing , Goods and Services from one another

Ø During the past 10 year, this “ Globalization “ has become intricately woven by E-Commerce

Ø Technology is moving so fast that laws are getting “ obsolete “ within months of getting enacted

Ø In a democratic set up like ours, proposed bills require close scrutiny by Standing Committees / Joint Parliamentary Committees – a process, which sometimes , takes months . Just witness the Data Protection Bill which was under such scrutiny for past 2 years, before getting tabled yesterday

Ø Even after a scrutiny lasting 2 years, to me it appears that the draft contains so many loopholes / vagueness, that it will be extremely difficult ( if not impossible ), to implement it

Ø In case of future litigations in respect of “ perceived violations “ of this law, I believe even the judges will fail to agree on the definitions of various terms / concepts, enshrined in its various clauses

Ø Given all of these complexities, sometimes it is best not to try and legislate in matters which are best left to be sorted out by parties concerned among themselves. Following proposals come to my mind :

 

[ A ]

 

India Inc may switch to Pay@WFH Formula  /  ET  /  17 Dec 2021

 

[ B ]

‘Donate Pension’ appeal to households in works  /  ET  /  29 Nov 2021

 

 

Dear Shri Kiran Rijujuji,

 

 

In both of the above-mentioned cases, I urge you to adopt a “ Wait and Watch “ policy and not rush to passing a law or issuing any government “ directive “ , despite any possible ( political ? ) compulsion to act

 

If hurriedly enacted as laws, these may cause more problems than they solve  !

 

With Regards,

 

Hemen Parekh  /  hcp@RecruitGuru.com  /  18 Dec 2021