Do The New Criminal Laws Address The Past Deficiencies? | Legally Speaking

As part of Legally Speaking’s Third Law & Constitution Dialogue, Senior Advocate and Member of Parliament Vivek Tankha, along with Former Additional Solicitor General Aman Lekhi, engaged in a thought-provoking discussion on whether the recently introduced criminal laws in India address long-standing legal deficiencies. Moderated by Tarun Nangia, Editor of Legally Speaking, the conversation explored the intersection of lawmaking, legal reforms, and the challenges of governance.

The Dual Role: Lawyer and Lawmaker

Opening the dialogue, Vivek Tankha reflected on his dual identity as both a lawyer and a lawmaker. While he admitted that active politics wasn’t part of his initial career plans, his transition into Parliament has broadened his understanding of the lawmaking process.

Tankha highlighted a significant flaw in legislative practices: parliamentary debates on new laws are often rushed and superficial. He noted that limited time is allocated to lawmakers for meaningful contributions, resulting in legislation that is inadequately discussed and insufficiently robust.

“Parliamentary debates should be more than a formality; they should be a cornerstone of well-thought-out legislation,” Tankha emphasized.

Legal Reforms and Court Congestion

The conversation shifted focus to the broader implications of poorly crafted laws. Tankha expressed frustration with the legislative process, pointing out that laws often contribute to court congestion by triggering avoidable litigation.

Tarun Nangia provided a case in point: Bihar’s prohibition law on liquor, which has overwhelmed the judicial system with legal challenges. Tankha argued that such poorly debated laws lack foresight, creating inefficiencies in both legislation and the judiciary.

“Better lawmaking can prevent frivolous cases from clogging the courts,” Tankha said, advocating for a more prominent role for parliamentary committees in crafting comprehensive legislation.

New Criminal Laws: Reform or Rebranding?

One of the most contentious topics was the newly introduced criminal laws. Tankha questioned their necessity, suggesting that amending existing laws would have been more practical. He criticized the new laws for largely renumbering sections of the Evidence Act without meaningful reform, describing the changes as a source of confusion for legal professionals.

Aman Lekhi offered a counterpoint, arguing that criticisms of the older laws as colonial relics are misplaced. He emphasized that the principles underlying the Evidence Act and the Criminal Procedure Code (CrPC) remain intact in the new laws.

“The old laws were well-rooted in India’s legal history,” Lekhi stated. “The issue isn’t their colonial origin but ensuring they evolve to meet contemporary needs.”

While Lekhi defended the continuity of legal principles, Tankha maintained that the new laws failed to address fundamental issues, complicating rather than simplifying India’s legal framework.

Towards Better Lawmaking and Governance

Despite their differing perspectives on criminal law reforms, both panelists agreed on the need for more thoughtful and efficient lawmaking processes. Tankha called for stronger parliamentary debates and committee deliberations, while Lekhi stressed the importance of laws adapting to societal changes.

The dialogue underscored the evolving relationship between law, politics, and governance in India, emphasizing that quality legislation is essential for an efficient judicial system.

A Celebration of India’s Constitutional Journey

Part of a larger event commemorating 75 years of the Indian Constitution, this panel discussion brought critical issues surrounding legal reforms to the forefront. By blending legal expertise with political insight, the conversation shed light on the challenges and opportunities in shaping India’s legal landscape for the future.

This engaging dialogue served as a reminder of the ongoing efforts needed to bridge the gaps between lawmaking, legal practice, and governance in India.

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