LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


India is emerging as one of the fast growing economies in the world. But to make an enactment is really hard thing in this country , if the government is in favour of a bill it is easy to pass it into an enactment . and if not, it is prolonged process and nobody knows when the bill will become an Act. For Example take position of the Lokpal Bill, even though there is severe agitation taken place for a strong Lokpal Bill from all quarters of general public, the Government simply made a promise to enact the Act, but serious effort on the part government is severely lacking in introducing a effective Lokpal Bill and make into an Act. Another point to be considered is implementation of enacted laws taking setback because of legal implications in its implementation. In other words Whenever a new Act is Enacted, if its implementation is not possible because of its validity is questioned in court of law, there should be specific time period to resolve the question pending in court of law. otherwise the intention with which the Act is implemented can be Jeopardized: For Example take the Sick Industrial Companies ( special Provisions )Act, 1985 ,being repealed by the amendment made to the Companies Act, 1956 in 2002.But the Enactment is challenged on the ground howfar is it justifiable transfer of powers of High Court to the Administrative tribunals constituted under the special enactment.. Because of this till date the Sick Industrial Companies ( special Provisions )Act, 1985 ,is still in existence even though it is repealed way back in 2002. If it is the position of just enactment of Acts what about the people facing problems because of the delay in the enacting laws and implementing them and What is the point in enacting a legislation and taking long time in their implementation? So there must be separate rules and regulations prescribing transparent and sound way of enacting bills and to clear any legal hurdles in effective implementation of the enacted Acts. This is primarily because if it takes years to enact a Act and further some more years for its implementation, there will be change in the circumstances which make the Act by the time of its implementation ineffective. Finally there must be some fair way to deal with the above mentioned points.
"Loved reading this piece by baswanth mohan paruchuri?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Others, Other Articles by - baswanth mohan paruchuri 



Comments


update