Strengthening India's Law-Making Process: The Case for a Proactive Attorney General
UPSC Relevance
Prelims: Indian Polity and Governance (Parliament - Law-making process, Parliamentary Committees; Constitutional Bodies - Attorney General for India; Judiciary - Judicial Review).
Mains:
General Studies Paper 2: Parliament and State legislatures—structure, functioning, conduct of business; Separation of powers between various organs; Appointment and functions of various Constitutional Bodies (Attorney General).
Key Highlights from the News
Parliament passing laws that are continuously challenged in the Supreme Court points to serious shortcomings in India's law-making process.
The main reasons for low-quality laws are rushing their passage, avoiding scrutiny by Parliamentary Committees, and insufficient discussion.
This situation transforms the Judiciary into a "parallel legislator" by exercising its power to annul laws.
To solve this problem, the author strongly argues for a constitutional review at the Parliament stage when a law is being discussed.
The article suggests entrusting this responsibility to the Attorney General for India (AG), who is authorized to participate in parliamentary proceedings under Article 88 of the Constitution.
The active involvement of the AG will help identify unconstitutional and legal inconsistencies in bills during the discussion stage itself, and provide impartial legal advice to MPs.
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