In the Madras HC, a bench comprising of Justice N.KIRUBAKARAN and Justice B.PUGALENDHI made a range of observations while discussing a very pivotal aspect of law. The bench while bashing the governments on the non-adherence of the principles enunciated in judgments of the courts stated that the orders giving suggestions to the respective Governments, either are not properly considered or not properly brought to the notice of the policymakers, so that, the decision could be taken for the enactment of law as pointed out by the Courts. The bench further stressed the need of having a proper wing in the government to take note of the observations of the court and take the same to the policymakers.
There have been a plethora of instances where the governments have been seen as not adhering to the recommendations of the courts.
Instances:-
- The Supreme Court in V.Sudeer v. Bar Council of India, insisted the government bring an amendment to the Advocates Act, 1961 to re-enact the provision for training of the law graduates or its necessity for the professionals to control the deterioration of the standards of the legal profession. Despite judgment being passed in the year 1999, its implementation has remained toothless to date.
- The Supreme Court in, Vishaka and others v. the State of Rajasthan directed the government to formulate adequate laws to prevent sexual harassment of women at the workplace. Even though the said judgment came to be passed in the year 1997, only after 14 or 15 years only, the Parliament passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
While stating the aforementioned instances, the court stated that neither the central government nor the state legislature has been taking the directions or the suggestions of the court seriously. Similarly, the courts said, more number of cases/decisions could be quoted, wherein the Constitutional Courts have suggested for bringing the new Act or to bring suitable amendments in the various existing Acts and till date, they have not been done.
Comprehensive Legislation on Torts and State Liability
A case has come before the Madras high court seeking a writ of Mandamus directing the respondents to propose comprehensive legislation in the field of 'Torts and State Liability' as per the directions of the Honourable Supreme Court in MCD v. Uphaar Tragedy Victims Association and Vadodara Municipal Corporation v. Purshottam V.Murjani and others.
Observations of Court
Though there have been recommendations made by the Law Commission to the Union Government for comprehensive legislation in the field of 'Torts and State Liability' as early as in the year 1965-1967, it is yet to come. In 1956, the Law Commission had made a report on the same issue.
Non-appointment of the Chairman and Members of the Law Commission of India
The Court observed that the 21st Law Commission had ended and the members and chairman of the 22nd Law Commission haven’t been decided yet.
In the view, the Court impleaded (i) Union of India, represented by its Secretary, Ministry of Parliamentary Affairs, New Delhi; (ii) The State of Tamil Nadu, represented by its Chief Secretary, Secretariat, Chennai; and (iii) The Secretary to Government, Government of Tamil Nadu, Law Department, Secretariat, Chennai, as the respondents 4 to 6.
Questions posed by the Court
- In how many judgments, the Constitutional Courts have recommended for the enactment of new laws or amendments of the existing Acts, so far?
- How many orders have been acted upon and suitable Acts/Rules and amendments to the existing Acts, have been done so far and what are all the new Acts/Rules and the amendments made so far?
- How many judgments are being acted upon and suitable Acts/Amendments are in the process of enactment?
- When will the Parliament bring comprehensive suitable legislation in the field of 'Torts and State Liability' for violation of fundamental rights of the citizens at the hands of the State and its officials?
- Whether the Central and State Governments are having appropriate Wings to note down the judgments/orders of the Constitutional Courts, wherein suggestions for enacting new Acts or amendments have been enacted/proposed or recommended?
- If there is no such Wing when such Wing will be established to bring those suggestions to the higher-ups or policymakers to act upon suggestions given by Courts?
- When does the Central Government appoint Chairman and Members of 22nd Law Commission of India?
Queries raised were to be answered by the respondents.
