Restructuring of the Legislative Process

There are plenty of cases in India that some particular portion of a law is questioned in the Supreme Court of India. Many times it occurs after a controversy arises and somebody goes to the Court. That results into a lot of uncertainty about the validity of the matter under dispute. That turns harmful for the economic activity also, sooner or later, directly or indirectly. So it will be wise to consider doing the Restructuring of the Legislative Process, for avoiding such unwanted and undesirable time lapse in the litigation.

My suggestion for that is as follows. The normal practice is of sending the bills to the President (or the Governor) for final approval, after having those passed in both the legislative Houses.

I suggest that, all bills be always routed through the Constitution bench of the Supreme Court, for judicial review, after having those passed in both the legislative Houses, but before sending to the President for final approval.

Anyway we have a provision of the judicial review of the law. So let that provision be made as a routine practice and not left to the litigation some when in future. Such a change will surely avoid the unpleasant situations later and thereby improve upon the implementation.

A classic example that justifies this suggestion is of the constitutional crisis in Maharashtra (July 2022), related to the anti-defection law. 

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Last updated on 2022.08.05. (First uploaded here on 2022.08.05.)

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