 "Arjan Kumar Sikri")
Legislation must assess the impact of laws before they are created and a vibrant, efficient judiciary unencumbered by unnecessary cases is needed to attract investment and growth in the country, Supreme Court Justice Arjan Kumar Sikri said on Friday.
Speaking at the 88th Annual General Meeting of the industry body Federation of Indian Chamber of Commerce and Industry (Ficci), Sikri said there should be better cohesion between the legislation and the judiciary so that the latter might provide critical input to the law making process.
He also said good governance was ultimately responsible for the number of cases in the country, adding there was still a want of an effective, corruption free bureaucracy. A flourishing civil society and respect for state institutions served as important components of good governance, he added.
In recent months, a widening chasm has developed between civil society and government on a range of issues, notably involving intolerance, a subject touched upon by the Judge.
He said that a liberal democracy could deliver the laws of the land best.
Referring to incidences where number of cases had shot up owing to an oversight in the legislative process, he said the judiciary, legislature and the common people should become important stakeholders in the creation of laws that govern them.
Citing the example of Section 138 under the Negotiable Instruments Act, which deals with dishonouring of cheques among other transactional irregularities, Sikri said there were almost 5-7 lakh cases filed every year under this. However, had relevant issues pertaining to this been taken into account while forging the respective law, the number of cases would not have been so high, he said.
Sikri also called for strong bipartisan action to pass the Goods and Services Act in Parliament. He regretted political parties not working collectively towards a minimum common programme for initiatives, which parties across the political spectrum have agreed will benefit the country.
