Outdated Laws Must Go: VP Radhakrishnan Calls for Urgent Legal Reforms
Vice President CP Radhakrishnan urges state law commissions to repeal outdated laws to ensure justice and dignity for all Indian citizens.
Vice President CP Radhakrishnan has emphasized that legal reforms for India are not just necessary but essential for the nation's overall progress. Speaking at a National Conference on “Co-operative Federalism and Law Reforms: National and State Perspectives,” organized by the Law Commission of India at Vigyan Bhawan, the Vice President urged state law commissions to actively identify obsolete laws and recommend their amendment or total repeal.
A Model for Change: Moving Past Colonial Legacies
The Vice President highlighted the recent replacement of three colonial-era criminal laws as a landmark achievement in the journey toward a modernized legal system. He suggested that the process and experience gained from these major reforms should serve as a blueprint for state governments. By reviewing outdated legislation, he noted, states can better promote liberty and significantly enhance the quality of governance.
Drawing inspiration from the Sengol installed in Parliament and the timeless teachings of the Tamil philosopher Thiruvalluvar on good governance, Radhakrishnan asserted that the fundamental goal of any law must be to guarantee dignity and justice for every citizen.
Redefining Cooperative Federalism
Addressing the relationship between the Centre and the states, the Vice President clarified that cooperative federalism does not imply absolute uniformity in governance. Instead, it is about a synergistic relationship where the Centre and states cooperate while allowing states the necessary flexibility to tackle their unique regional challenges.
To achieve this, he called for:
- Enhanced coordination between the Law Commission of India and state law departments.
- The sharing of best practices across different states.
- Consistent reviews of laws to eliminate inconsistencies and increase legislative effectiveness.
Justice as a Shared Responsibility
Adding to the discourse, Justice (Retd.) Dinesh Maheshwari, Chairperson of the Law Commission of India, pointed out that for a common citizen, the origin of a legal hurdle—whether it stems from a Union or state law—is irrelevant. What matters to the litigant is whether the law works effectively or if they are trapped by delayed cases and complicated procedures.
“The Constitution distributes legislative powers, but the pursuit of justice is a shared responsibility,” Justice Maheshwari stated.
The Proposal for a Federal Law Reform Protocol
Justice Maheshwari proposed the creation of a voluntary federal law reform protocol. Using the GST Council as a successful example of Centre-state collaboration, he suggested a framework that would include:
- Consultations prior to the drafting of new laws.
- Detailed assessments of the practical impact of legislation.
- Post-implementation reviews to ensure goals are being met.
He stressed that law reform must be evidence-based, incorporating the real-world experiences of lawyers, officials, businesses, and vulnerable communities, rather than relying solely on legal principles and court judgments. He cautioned that the "division of legislative powers must not become a division of knowledge."
Combining National Priorities with Local Experience
Union Minister of State (Independent Charge) for Law and Justice, Arjun Ram Meghwal, also addressed the gathering, emphasizing the dual importance of cooperative and competitive federalism. He noted that the rule of law and constitutional principles must remain the bedrock of governance, blending national priorities with the practical experiences of the states.
Furthering this point, Law Commission member Anju Rathi Rana highlighted the importance of knowledge exchange. She argued that many legal challenges faced by one state may have already been solved by another. By sharing these experiences, the government can simplify public services and remove the daily hurdles faced by ordinary citizens.