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bhima balla (none)     02 June 2012

What stage is the marriage amendment bill in its passage?

What stage is the marriage amendment bill?

In other words what is the process of making law in India and what stages has this amendemnt bill crossed? What are the remaining stages? Where does the people have a say in all this as opposed to communist/ woman empowerment/ feminists etc? What are the ways to challenge the bad provisions in the process before it becomes law? What can be done to challenge the law after it is passed?



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 3 Replies

Tajobsindia (Senior Partner )     02 June 2012

@ Author,


I. Your basic academic questions reply can be found here in much larger details;

 

https://164.100.47.132/LssNew/abstract/legislative_process.htm  

 

 


II. On your second part of question before us i.e. circulation of a Bill for eliciting public opinion

 

 

I placed my 64 pages view when asked for by Parliament. Same got mentioned for public discussions in some of my longest posts here (in LCI) on IrBM dozens of month back (link can be found by searching in my profile page - under forum posts - help yourself). It seems you missed something NOW :-)

 

 

III. Now on to your third part of the question before us i.e. what are the ways to challenge the bad provisions in the process before it becomes law

 


The strength of the
Indian Republic can be said to rest on the doctrine of separation of powers between the legislature and the executive on the one hand and the judiciary on the other. On January 11, the dynamics of this doctrine revealed a clear tilt in favour of the judiciary, with the Supreme Court appropriating to itself the power to pronounce on the legality of the laws enacted by Parliament with in-built immunity from the consequences of their impact on fundamental rights.

 

Hence all those laws, which have contributed to social and economic justice, are open to legal challenge following the Supreme Court’s judgment re.: I.R. Coelho vs State of Tamil Nadu and Others

Illustration:

I posted here some weeks back What your MP's said in Parliament about IrBM - it made hilarious follow-ups here but the question today I am asking to all those people who found it hilarious did they write to same MP's a post card on why they felt such Bills if made into Laws are going to be disastrous for larger public interest. i bet you yourself needs to introspect now.....

IV. Finally moving onto your last question before us i.e. what can be done to challenge the law after it is passed?

 

 

In the so called words and wisdom of Ven. Ms. Indira Jaising, senior advocate of the Supreme Court and an eminent commentator on constitutional issues says: “The re. judgment (which I placed above) is likely to have devastating results and raises several questions. The final arbiter on what are fundamental rights, what amounts to a violation of fundamental rights and what are the basic features of the Constitution is now the Supreme Court. It makes the Supreme Court one of the most powerful courts in the world and also one of the most unaccountable, as it is a self-nominated judiciary.”

 

 

So the bottom line question is when shall prudent public like you move out of LCI and start publicly challenging such bad laws by taking the high and mighty persona of likes of Ms. Indira Jaisingh whom an basic level LCI advocate Chandu after reading my various postings said in haste “I couldnot do anything and likes of her are flourishing in her professional practices......” J   

 

 

LCI is not the right place to challenge such fundamental rights of men. LCI is just a Made in Chinese dart board where you come and ping a ritzy bitsy dart and pop off to nearest bar feeling relievedJ  The real constitutional challenge is outside LCI. Reason being such prudent discussions takers here are only handfull of 1-4 people and rest are mere readers as they find these not bit juicy discussions but affected persons are all these very others J  

 


Sorry Mr. Jain (owners of LCI) public outcry on matters of larger public interests are some of the bitter pills in the name of Internet freedom of speech which are either hard to swallow or through-up (delete a post means)
J

 

 

PS: All you are generic.  


(Guest)

LCI is not the right place to challenge such fundamental rights of men.

Rightly said.I was very upset when my article in other section of the forum got deleted.It's impossible for people to express desied feeling if right to express is violated.We are being adult can discuss everything.

bhima balla (none)     02 June 2012

Thank you Tajobsji,

Now the question is:

1) What does it mean when they say cabinet has approved?

2) Does that mean the standing committee has already vetted the bill and sent to cabinet? Does cabinet mean the government in toto?

3) Is my reading correct that if there is any amendment in any of the clauses-then the process starts again? In that case is the draft again subjected to public opinion?

This is important because unless common man understands the process and the power vested in each citizen to influence the bills that are passed as new laws,it is impossible to make it a functioning democracy.

A few vested interests seems to have cornered all the tools to pass law in their favour. This is not conducive for democracy.

Now the next question will be: Who should the public send their opinion to on the contents of the draft bill? Is it their representative-the MP, Minister etc or to the standing committee? How is that done?

Now two points become clear:

1) It may be useful to write to the representative/ standing committee on one hand.

2) But a more powerful one is to voice opinions through media-as articles, letters to editors or discussions on TV  etc.

I think the second will be a powerful weapon. Do standing committees have to consider opinions expressed in mass media on the subject draft bill? Please enlighten!


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