GS 2: Polity

Before legislation becomes litigation , Pg7

Article advocates for proactive constitutional review within Parliament, suggesting Attorney General's counsel to prevent flawed legislation and reduce judicial interventions.

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Key Highlights:

  • Indian Constitution prioritizes parliamentary lawmaking within constitutional limits.
  • Courts are increasingly acting as parallel legislators due to flawed lawmaking processes.
  • Many cases challenging central legislation are pending before the Supreme Court since 2016.
  • Flawed execution in lawmaking leads to constitutional scrutiny and legal challenges.

Detailed Insights:

  • The Constitution framers rejected absolute parliamentary sovereignty, ensuring laws adhere to constitutional principles.
  • Challenges to legislation include constitutional scrutiny, political considerations, and drafting errors.
  • The legislative process involves ministry proposals, Law Ministry approval, Cabinet consideration, and parliamentary readings.
  • In practice, the legislative system suffers from inadequate notice, bypassed committees, and rushed debates.
  • Section 18(d) of the Transgender Persons Act, 2019, exemplifies legislative inconsistencies needing constitutional review.
  • Complex legal drafting and time pressure hinder informed participation of parliamentarians in lawmaking.
  • The Attorney-General's (AG) counsel during parliamentary debates could help prevent legal inconsistencies.
  • Article 88 of the Constitution grants the Attorney-General (AG) the right to participate in parliamentary proceedings.
  • Seeking the AG's counsel can flag legal inconsistencies and provide non-partisan guidance to lawmakers.

Key Concepts Involved:

  • Parliamentary Sovereignty: The principle that Parliament has supreme legal authority.
  • Constitutional Democracy: A system where the powers of the government are limited by a constitution.
  • Attorney-General (AG): The Indian government's chief legal advisor and principal advocate in the Supreme Court.
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