A number of laws need to be enacted to meet the changing needs of the society
At the stroke of midnight of August 14, 1947 two countries were born – India and Pakistan. While in its 70 years history Pakistan has witnessed three military coup – by General Ayub, General Zia-ul Haq and General Parvez Musharraf – and at least half a dozen unsuccessful coup attempts, India ‘s military has never shown any such inclination. It’s not that India’s military is any less fierce than Pakistan’s. The reason lies in our constitution.
India is a republic for 67 years now. Except for a brief period of emergency there has never been any scare of democracy during this period. The reason is that framers of our constitution were wise enough to strike a perfect balance between Legislature, Executive and Judiciary. No one has a free run.
None of the three pillars of democracy have absolute powers. Each one depends upon others and it’s a perfect symbiotic relationship. Legislature enacts laws and judiciary interprets them. Whenever latter feels the former has transgressed its powers it strikes down the law as happened in the case of appointment of Collegium which was passed by the government but struck down by the Supreme Court. Similarly, legislature has overturned many SC decisions through amendments eg Shah Bano verdict or latest being SC decision banning Jallikattu.
Yet, there are certain areas which remain undefined. Successive governments are keeping them hanging afire while trying to evolve a consensus. Common Civil Code is one example. Some people have been rooting for it and some others opposing it. But, Goa Government has already shown the way by implemented the Common Civil Code. Similarly women reservation bill has been pending in the Parliament for a long long time. But, government is unable to get it passed because of a section of the society staunchly opposing it. Another such contentious area is prohibition. That tobacco and alcohol has been contributing immensely in spoiling generations after generations, is a well known fact. Tobacco is major source of oral and lung cancer. Governments have been spending billions of rupees to find their cure. They probably spend more on cancer patients than earning from taxing tobacco and alcohol. But, why don’t they ban it through law like Bihar and Gujarat have banned alcohol. The laws should be in sync with the time and the need of the society.
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