09-January-2025-Special-Article

PERIODIC LEGISLATIVE REVIEW AND ITS IMPORTANCE

Periodic legislative reviews play a crucial role in ensuring that laws remain effective, relevant, and aligned with the evolving needs of society. Recently, the Supreme Court of India underscored the need for systematic assessments of existing laws to identify deficiencies and address emerging challenges.

It proposed reviews at regular intervals, such as every 20, 25, or 50 years, to modernize outdated provisions and enhance legislative efficiency.

Representation of the People Act, 1951 (RPA 1951)

The Representation of the People Act, 1951, is a cornerstone of India’s electoral framework, aimed at regulating elections at both national and state levels.

Key Provisions:

Seat Allocation: Details the distribution of seats for the Lok Sabha, State Legislative Assemblies, and Councils.

Delimitation of Constituencies: Establishes rules for defining electoral boundaries.

Voter Eligibility: Specifies qualifications and disqualifications for voters and governs the preparation of electoral rolls.

Section 81:

• Allows filing of election petitions within 45 days of result declaration.
• Grounds include illegal practices, corruption, or violations of electoral law.
• Requires filing in the High Court of the respective jurisdiction.

Why Periodic Legislative Review is Needed

1. Identifying Deficiencies:

• Laws may become outdated due to changing societal, economic, and technological conditions.
• Example: The IT Act, 2000, was amended to address emerging cybercrimes.

2. Ensuring Relevance:

• Regular reviews keep laws effective and in sync with contemporary needs.
• Example: Anti-liquor laws in Bihar led to unintended judicial strain, highlighting the need for measured legislation.

3. Addressing Unintended Consequences:

• Reviews help identify and rectify laws that inadvertently hinder justice.
• Example: The 45-day limitation in Section 81 of the RPA, 1951, may prevent genuine election disputes from being addressed.

4. Enhancing Accountability:

• Ensures laws remain aligned with democratic principles and their intended purpose.
• Example: Section 498A of the IPC has faced criticism for misuse, necessitating balanced reforms.

5. Adopting Global Standards:

• Aligning laws with international best practices strengthens governance.
• Example: The US PATRIOT Act underwent periodic amendments to address privacy concerns.

Examples of Legislative Review in Other Democracies

United Kingdom:

• The Law Commission of England and Wales regularly reviews laws.
• Example: The repeal of the Witchcraft Act, 1735, modernized the legal framework.

Australia:

• The Australian Law Reform Commission systematically reviews and recommends amendments to ensure laws remain effective.

Challenges in Conducting Periodic Reviews

1. Lack of Political Will:

• Political agendas often overshadow the objective review of laws.
• Example: The Farm Laws (2020) faced criticism for prioritizing corporate interests over farmers.

2. Judicial Overreach:

• The judiciary’s intervention in legislative matters can complicate the review process.
• Example: The NJAC Act was struck down by the Supreme Court, raising debates on judicial reform.

3. Legal Complexity:

• Interdependent laws make isolated amendments challenging.
• Example: Overlaps in the POCSO Act and IPC regarding child pornography create ambiguities.

4. Limited Public Participation:

• Low public awareness of legislative processes restricts inclusive reviews.
• Example: The Ranbir Singh Committee’s consultations lacked broad public involvement.

Institutions Involved in Legal Reforms in India

Administrative Reforms Commission (ARC): Recommends measures to improve administrative efficiency.

National Commission to Review the Working of the Constitution (NCRWC): Reviewed constitutional provisions for modernization.

Law Commission of India:

• Established in 1955; provides recommendations for legal reforms.
• Examples of work include the codification of the Indian Penal Code and the Criminal Procedure Code.

Committee for Reforms in Criminal Laws: Chaired by Dr. Ranbir Singh, it focuses on criminal justice reform.

Strengthening Legal Reform Efforts in India

• Strengthening the Law Commission: Enhance its independence and resources for consistent and impactful reforms.
• Leveraging Technology: Use platforms like MyGov for consultations and AI tools for evaluating laws.
• Allocating Resources: Provide dedicated budgets for reforms and capacity-building programs for stakeholders.
• Learning from Global Practices: Examples like the National Green Tribunal (NGT) show the benefits of adopting international models.

Conclusion

Institutionalizing periodic legislative reviews can create a dynamic legal framework that meets the needs of a modern society while adhering to democratic ideals. Strengthened institutions, public participation, and technology-driven processes will ensure laws remain relevant, effective, and aligned with global standards.

Mains question:

1. “Discuss the importance of periodic legislative reviews in ensuring the relevance and effectiveness of laws in a dynamic society. (150 WORDS)