In a panel discussion at Legally Speaking’s Third Law & Constitution Dialogue, Vivek Tankha, Senior Advocate and Member of Parliament, along with Aman Lekhi, Former Additional Solicitor General & Senior Advocate, delved into the topic of whether the newly introduced criminal laws in India address past legal deficiencies. The event marked 75 years of the Indian Constitution and was held on December 13, 2024, in New Delhi, with Tarun Nangia, Editor of Legally Speaking, moderating the conversation.
Role of Lawyers and Lawmakers
Vivek Tankha began the conversation by reflecting on his unique experience of wearing dual hats—both as a lawyer and a lawmaker. He confessed that while he initially did not consider entering active politics, his career has evolved to include serving as a Member of Parliament. He explained that being involved in both lawmaking and advocacy provides him with a diverse perspective on how laws are formulated and interpreted.
Tankha acknowledged the often superficial nature of parliamentary debates on laws. He pointed out that debates are usually rushed, with limited time allotted to lawmakers, and many do not get the chance to meaningfully contribute. He suggested that the approach to lawmaking should be more serious, and criticized the current system where debates in Parliament are too often treated as a formality rather than an opportunity for thorough discussion.
Legal Reforms and Court Clutter
The discussion then shifted to the issue of legal reforms and their impact on the judicial system. Tarun Nangia raised concerns about how the laws passed by Parliament often clog the courts with unnecessary litigation, making it harder for courts to handle important cases. He cited the example of Bihar’s prohibition law on liquor, which has led to a surge in legal challenges. Tankha expressed frustration with how these laws are passed with insufficient debate, leading to clogging of the judicial system.
He also suggested that the laws often fail to be as well-thought-out as they should be. He emphasized the need for more serious lawmaking that could prevent the courts from being overwhelmed with frivolous cases. He also raised concerns about the efficiency of parliamentary committees, which should play a more significant role in crafting well-rounded legislation.
Critique of New Criminal Laws
The conversation then moved towards the newly introduced criminal laws. Tankha questioned the necessity of creating entirely new laws when the existing laws could have been amended. He pointed out that many of the changes in the new laws were simply renumbering sections of the Evidence Act, which he felt did not constitute meaningful reform. According to Tankha, these changes complicate the legal system, making it harder for legal professionals to apply the law effectively.
Aman Lekhi, Former ASG, responded to these critiques by emphasizing that the criticism of the old laws, particularly labeling them as colonial, is misguided. He pointed out that the principles underlying the Evidence Act and the CrPC remain unchanged in the new laws. Lekhi dismissed the argument that the old laws were inherently flawed, defending them as well-rooted in India’s legal history. He also stressed that the real challenge is not the colonial legacy but ensuring that laws evolve to meet contemporary needs.
The discussion highlighted differing perspectives on the new criminal laws and their effectiveness in addressing past deficiencies. Tankha remained critical of the new laws, while Lekhi defended the continuity of legal principles that underlie them. Both agreed, however, that the process of lawmaking and the role of Parliament in ensuring the quality of legislation needs to be more robust to prevent the legal system from becoming mired in inefficiency and confusion. The panel offered valuable insights into the evolving relationship between law, politics, and governance in India.
This event was part of a larger televised dialogue celebrating India’s constitutional journey, featuring prominent lawmakers and legal minds discussing critical issues surrounding the legal landscape of the country.
