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Opinion

The new Parliament complex will meet future needs

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Each nation has a message to deliver, a mission to fulfill, a destination to reach. India’s mission has been “to guide mankind”, Shri Swami Vivekananda rightly said. India strives to achieve the goal of social welfare through its parliamentary democracy.

Today is a historic day when the Honorable Prime Minister Shri Narendra Modi ji would lay the foundation stone for the ultra-modern triangular Parliament building with a capacity of 1,224 MPs seated together, symbol of “Aatmanirbhar Bharat” and “temple of democracy” to complement the infrastructure of the iconic existing circular Parliament House designed by architects Edwin Lutyens and Herbert Baker in 1912-13, based on the Chausath Yogini Temple, Morena, Madya Pradesh, one of the oldest heritage sites in India, opened in the year 1927. This new building is expected to be completed before the Winter Session of 2022, in all its grandeur as “har Bhartiya ka swabhiman” personifying “Ek bharat shreshtha Bharat”.

There has long been a need to address the severe structural limitations of the existing Parliament House building, which was most vividly realized during the last Monsoon session of Parliament held in the shadow of the Covid-19 pandemic. . Lok Sabha, Rajya Sabha, and Central Hall seat 552, 245, and 436 seats respectively, with no desk space before most seating.

The proposed new building for Parliament is being designed to meet current and future digitization needs, providing adequate seating space in both Houses and for joint sessions. Additionally, to meet future demand for a possible expansion of the bounded Houses of Parliament fortresses in 2026, the new building would provide capacity for 888 and 384 members for the Lok Sabha and Rajya Sabha respectively, in line with the world’s largest democracy. 1.3 billion people.

We all know that the Constitution is a living, dynamic and supreme body. The Constitution is what it is, and not what the Supreme Court or Parliament wants it to be. The judicial, executive, and legislative powers are all creatures of the Constitution; its powers and functions are defined and delimited by the Constitution.

On this historic occasion, I would like to remind all legislators and the general public through them of certain ideas that the Honorable Prime Minister recently put forward on November 26 prior to the 80th Conference of the Board of Directors of All Legislatures. from India for serious thought. and actions in this regard in the public interest.

1. We all know that the language of our laws, rules and regulations is quite difficult for people of common wisdom to understand. Complaints about complexity are as old as the law itself, and technical language is often blamed for baffling and excluding the layman. In many parts of the world, the simple English movement is catching up. In Great Britain, Australia, Canada, New Zealand, the United States and many other countries, the language of the law is being simplified. In India we are yet to start. In the public interest, there is a need to take concerted action to introduce the wording of laws / regulations, etc., in simple and lucid language that can be easily understood.

2. The central government is moving to repeal archaic laws that inflate the statute books, occasionally conflict with other laws, and can hamper governance and growth. Law-making is a routine matter for legislatures, and review for possible repeal should also be done routinely. If there were a review system, our statute books would be smaller. To achieve this goal, Parliament has so far repealed more than 1,486 laws / statutes at Union level to reduce the volume of statutes. These steps are required to be taken in all states so that the number of laws in the statuary book is kept to a minimum.

3. Recently, at the central level, a sunset clause has been introduced in the amendment laws. [The Mineral Laws (Amendment) Act,2020] and their inclusion in appropriation laws and other laws is also being considered appropriately. Sunset clauses must invariably be incorporated into all amendment laws because, under section 6A of the General Clauses Act of 1897, the amendment law is merged with the parent law on the enactment and repeal of such amendment law does not it affects the continuation of its provisions. I would also like to suggest incorporating an expiration clause in amended laws, expiring laws, and appropriation laws in all states so that no procedural requirements are required of their formal repeal from the statute book.

4. The prime minister also emphasized the digitization of all Indian legislatures, including two houses of parliament, through the adoption of a single platform with central and individual dashboards: the national e-Vidhan app under the Digital India program. It is a great opportunity for Parliament to fully switch to the digital platform before the winter session of 2022, when its new cameras are ready for use. The government has already dedicated two mission mode projects on behalf of “e-Vidhan” for state legislatures and “e-Sansad” for two Houses of Parliament under the Digital India Program.

There is also a need for thoughtful debate on the idea of ​​having provisions for a constructive vote of no confidence in order to avoid superfluous movements of no confidence motions in Indian legislatures.

An appropriate provision can be incorporated into the Constitution and Bylaws of legislatures to ensure stability and good governance through the adoption of constructive motions of confidence or censure like the one in Germany.

In Germany, according to article 67 of the Constitution, under constructive censure, it is required to suggest an alternative arrangement. Under this mechanism, if the majority of a government is tested, in addition to a lack of trust in the existing government, trust in the alternative government is sought in the elected Chamber.

Let us re-commit ourselves to serving the last man in line through our cherished democratic values.

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