Conundrum it is! When there is no minimal qualification for legislators and parliamentarians, such law makers can’t be expected to draw up what they intend or revise for the better, from the lessons learnt. Foibles there would be with concoctions! Adversarial nature of lawyers and advocates – do please note salient differentiations between them, rules them out, loop-holers too! Brings the onus on Law Ministry, properly staffed, emphasising linguism as part of it, definitions a must and ‘notwithstanding anything anywhere’ a virtual trap! Not to outsource but!
Entrusting secondary legislations viz: rules & regulations to powers that be, has been disastrous as unexplainable stricter norms are imposed with penalties, fines and cancellations of authorisations like permits and licenses given. Instead of public service it morphs to governance attitude asserting authority, lacking specific knowledge or specialised thorough discernment.
The challenge is to convert the process and impacts as services to populace, especially when it gets specialised in sectors and segments. Therein are the opportunities to involve stakeholders and those who will get impacted, leaving no elbow room for discretions that invite corruption and malfeasance. Practising lawyers of the field also should be involved so that they can help address the lacunae and improve wordings and provisions for the better, when repealing.
Be aware ‘construction’ is what it may be all about with ‘Munsiffs, courts and judges’ from lowest to highest levels interpreting with their ignorance and bias, whilst learning at litigants’ time and expense: costs and interests too! Do note that words contextually may have different meanings and implications, as in SC ruling that `may’ may mean may or shall!
Hence confabulations are called for. Let the industry professionals be involved so that expertise is on call and trust can be established to guide and function rather than creating controls and obstacles! Don’t need contortions to make it appear legalistic and beyond commoners’ grasps!
To start with, timely inputs from those that will be impacted, need be sought though recognised bodies that could represent professionally, soundly. Such focused minimal forum representing the gamut should suffice to enable. As few ministries will get invariably affected by any laws to be made, coordination amongst them also must be assured.
Consolidated efforts and inputs therefrom need be presented to a steering committee of law makers to educate, guide and enlighten them to complete the processes. `Whip’ from political parties usually pushes through `Bills’, coalitions making it difficult and opposition trying to shoot down any-everything! That’s how democracy works. As such, practical pragmatic approach is called for. For, law making, repealing, amendments etc cannot wait or be delayed as societies have to progress continuously, learning from experiences and mistakes of themselves and others.
Caveat but. Utilising phoren language to think, conceive and transcript by yokels could turn out to be utter disasters as words, intentions and peculiar meanings may vary considerably when transposed to diverse Indian languages in official translations or transliterations. Lex (Greek origin: defender of mankind) -law, lexology, lexicology, etymology all become relevant. AI of artificial intelligence may be blessing in disguise though of human output sans emotions and sentiments.
N.B: Shouldn’t there be restrictions of kith & kin of justices getting elevated, especially to higher courts, to avoid precipitation of Feudiciary, like Feudocracy created in our democracy?!
Marex Media