Laws must be debated, not rushed, says ex-SC judge; calls for overhaul of Indian legal system

Bills are being passed in Parliament without a meaningful discussion; this must change. Former Supreme Court Judge Justice M.K. Sharma on Wednesday issued a sharp reminder to lawmakers, calling for more deliberation and public engagement in the legislative process.

- SANGEETA SHARMA

He was speaking at the 1st Virender Sood Memorial Lecture on 'How to Improve the Indian Legal System', held at the Indian Law Institute (ILI), where he emphasized that the strength of any democracy lies not just in the framing of laws but in how thoughtfully and transparently they are debated and enacted.

"There is hardly any debate or interaction in Parliament while passing laws. If there is proper interaction, new and useful perspectives may emerge, leading to stronger and more effective legislation," Justice Sharma said.

While acknowledging that the Indian Constitution has undergone multiple amendments to keep pace with societal change, he stressed that mere constitutional updates are not enough. "The legislature, judiciary, lawyers, enforcement agencies, and the litigants themselves all must rise to the occasion and perform their roles with sincerity and vision," he asserted.

Justice Sharma also flagged the dire need for infrastructural development in lower courts, particularly in non-metropolitan areas. Citing the example of Patna, he said, "Courts there are forced to function from makeshift spaces. We talk of justice, but do we provide the basic environment for it?"

Addressing the issue of pendency, he remarked, "Courts are willing to work 24 hours, we have held midnight hearings. But entry into the legal system must also have an effective exit. Early disposal and case management should be a top priority."