Should civil society have a role in legislation?

ashishs

Ashish Sharma | April 6, 2011



The ruling Congress party has reacted predictably to Anna Hazare's fast unto death. Spokesperson Abhishek Singhvi, among others, has pointed out that the agitation against the draft Lokpal Bill infringes on the role of the legislators. He has argued that it is the job of the legislators and not that of the social activists to frame laws. Anna Hazare's fast, therefore, he has said, amounts to demanding changes in a piece of legislation at gunpoint.

The question therefore arises whether civil society should indeed have a role in framing laws. It can be argued that our system allows the people to choose their representatives who in turn make laws on behalf of the people. That being the case, there is no need to consult a section of the people who are neither elected nor accountable to society. To push this argument further, imagine social activists demanding changes in laws designed to combat terrorism. Should the government give in to demands from civil society groups who are known sympathisers of the Maoists, for example?

On the other hand, however, it is manifestly clear that the elected representatives have routinely failed the people on several counts. Nothing illustrates this better than the series of scams that have rocked the Congress-led United Progressive Alliance government at the centre. This is not an issue of the present government or the party in power alone. That is why there is a groundswell of support for Anna Hazare. At stake is an intended mechanism for combating corruption and politicians across party lines have been prevaricating for more than four decades. Hence the popular support for changes in the draft Lokpal Bill to give it more teeth. Precisely because the teeth are partly meant as defence against the elected representatives this legislation is way too important to be left to the legislators alone.

Comments

 

Other News

V. M. Tarkunde: A legal luminary par excellence

14 Lawyers: Portraits from The Bar By Raju Ramachandran  Juggernaut, 248 pages, Rs. 799  

The Cost of Obesity

The latest episode of Checks and Balances focuses on the ticking time bomb of obesity in India, and Geetanjali Minhas of Governance Now spoke with a panel of experts. You can watch the episode here: https://youtu.be/mH

US-Iran deal: Path to peace or prelude to deeper regional quagmire?

In the midst of deep mistrust, the US and Iran are reported to have reached a framework deal for ending the West Asian conflict. But whether it will result in any meaningful breakthrough or pave the way for any lasting peace in the region, is in the realm of speculation.   During

Lived life, philosophy, spirituality and other enigmas

The Ashes Are Warm: Memories of a Lifetime Spent with UG Krishnamurti By Mahesh Bhatt and Sunita Pant Bansal Rupa Publications, 384 pages, Rs 495  

In Varanasi, fringe expansion vs. core heritage

For centuries, the urban framework of Varanasi was defined not just by its relationship with the sacred Ganga but by its multifaceted network of urban commons. Historic kunds, seasonal talabs (ponds), and open maidans served as the city’s basic ecological infrastructure. Th

What ails India`s skill development ecosystem

India’s skill development programmes were designed with a goal to make the young population ready with market-required skills and competencies, and to provide them with better employment opportunities. Yet the outcomes have fallen short of that goal: though over 1.6 crore individuals were trained acr





Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter