THE LEGISLATURE

Daily Post 1536

THE LEGISLATURE

Very rarely there is any discussion regarding the legislature, though there is always an ongoing discussion regarding the various facets of law. The law life cycle is generally unknown and how it impacts its different stages. We face, experience and practice what is our job responsibility or necessity. We hear of it being archaic in various areas, the need to safeguard various new areas as privacy and data protection, the nature of enforcement and its misuse. The issues are enormous but very rarely anything falls on the doors of the legislature. Quite ironical, when they are the lawmakers of the country.

The beginning and end of any journey is law and how seamless the law is in its entirety is the comfort level which a citizen has with life and business. Rule of law in enmeshed with our life. Rule of law would emanate out the whole plethora of laws, it does not hang in mid-air. Does aversion to law emanate out the legalese the common man has to face. What defines our life is unknown to us. Every single form you fill, approval you take, submission you make to any authority derives its power out of the law enacted for that purpose. Has it been enacted to take care of our requirements or whatever is enacted is implemented on us. There is a general refrain that we live with the laws of the British era. Whose fault is it?

Ask the electorate the purpose for which elections are conducted and the ready made and parroted answer would be to come to power to run the government. That the people they elect and are legally legislators and parliamentarians who carry the onerous responsibility of making, amending or repealing laws of this country is not even thought of. They are law makers and that is their primary responsibility. Even the elected representatives don’t accept their primary role as a law maker. If fighting a single case needs so much of legal acumen, what would be the expertise required to frame it. The law is dissected threadbare in its operation, does that happen in its creation also.

The constituent assembly took years to frame the Constitution. It has become the bedrock of our democratic existence. Does the same regimen happen in the enactment of our current laws? The constituent assembly has been complimented for its legalese and foresight. Is the same compliment deserving enough for the present legislatures? Who takes the responsibility of a bad law, a law to be ungraded / amended, laws to fill up the gaps in the emerging areas. Who does the backend research of the legal landscape and creates the blueprint of change to be enacted in a phased manner. Do the legislatures have the expertise creating workshops / exercises? In the fast changing dynamic world, the task becomes extremely difficult and important. Time to change gears.

ONLY THE LEGISLATURES CAN TRULY DEFINE THE CONTOURS OF OUR EXISTENCE.

Sanjay Sahay

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