Governments are on a law-making spree. When legislatures are not in session, as is currently the case, India’s Constitution empowers the government to make laws through executive action. The central government has made ten new laws in the last two months. Four were made recently. Two of these are new legislations which aim is to give a “boost to rural India and agriculture”. The third protects companies from insolvency proceedings for defaulting on their financial commitments after March 25. The last one gives power to the government to regulate the supply of food items like cereals, oils, pulses in extraordinary circumstances.
Indian statute books are overflowing with more than 6,000 laws passed by the Centre and state governments. They are the preferred tool for problem-solving for all governments. But laws are also blunt instruments which have a large impact. So the use of laws for governance intervention raises three key questions.
First, how well are these laws made? Effective laws are the outcome of a robust law-making process. Over the years, both the government and Parliament have tried to bring about more rigour to this process. But not all laws go through a standardised process of law-making. Some laws sail through the process, bypassing multiple layers of scrutiny. Ordinances, which are laws made by the government to deal with an emergent situation when Parliament is not in session (such as those mentioned above) are one such example. They are rarely sent to a parliamentary committee for examination. But the rationale for their existence, ie to tackle an emergent situation, makes it critical they be scrutinised carefully and in a timely manner by Parliament. More so when these are brand new laws or significant amendments to existing legislations.