Date : 10/01/2024

Relevance: GS Paper 2- Polity - Constitution

Keywords: Rule of Law, Dandi March, The Jan Vishwas (Amendment of Provision) Act, 2023, Penal Laws, Crisis of Credibility

Context-

In the quest for a just and democratic society, the rule of law serves as the bedrock, delineating the boundaries between right and wrong. However, contemporary challenges have given rise to a credibility crisis, marked by disillusionment stemming from outdated laws and a shifting perception of law as a power resource.

Reverence for norms

• From early teachings, we are instilled with the virtues of leading a life following these norms. The revered figure, often considered a 'guru,' commands respect for imparting these guiding principles.
• In today's secular context, there is an emphasis on honoring the fundamental norm—the Constitution of India. Even Mahatma Gandhi, the father of the nation, held the normative raison d'être as sacred. According to him, duly enacted laws warranted respect, while he also asserted the moral duty of citizens to peacefully oppose unjust laws through democratic means.
• The historic Dandi March, a mass civil disobedience movement led by Gandhi against the salt tax, serves as a testament to the reverence for norms. Gandhi willingly subjected himself to criminal proceedings for breaking the law, illustrating a commitment to principles even in the face of legal consequences.
• However, in contemporary times, the rule of law confronts a new crisis of credibility, and the normative raison d'être experiences disillusionment on two fronts. Firstly, challenges arise from the outdatedness or infirmities in existing laws. Secondly, there is a shift in the perception of law itself, treating it as a "power resource" that can be shaped to align with societal requirements.

Addressing Infirmities and Outdated Laws:

• In response to the evolving socio-legal landscape, the government has undertaken significant legislative amendments aimed at addressing infirmities and outdated laws. The Jan Vishwas (Amendment of Provision) Act, 2023, represents a pivotal step, introducing changes to 42 central Acts spanning diverse sectors such as the Indian Post Office Act, 1898, the Railways Act, 1989, and the Cinematograph Act, 1952.
• The legislative impetus, driven by the Ministry of Commerce and Industries, is aligned to foster business activities and reduce compliance burdens.
• The Jan Vishwas Act underscores the need to discard outdated rules and regulations, emphasizing their incompatibility with democratic governance. The act seeks to alleviate the fear of imprisonment for minor offenses, fostering a trust-based governance environment. By rationalizing monetary penalties and adjusting the gravity of offenses, the legislation aims to rejuvenate the rule of law and bolster its credibility.

Overhauling Penal Laws:

• In a subsequent phase, the government undertook a comprehensive overhaul of the colonial-era Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872.
• These venerable statutes were replaced by the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill, 2023, respectively. This ambitious legislative stride seeks to shed the colonial law legacy while concurrently addressing infirmities and aligning legal frameworks with contemporary perspectives.
• The new Indian penal laws signify a departure from antiquated norms, emphasizing a modern approach to legal thinking. By undertaking these sweeping changes, the government aspires to rebuild the credibility crisis surrounding the rule of law. The success of these legislative measures lies in their ability to bridge the gap between normative ideals and the lived experiences of those subjected to the law.

Crisis of Credibility: Perception versus Reality:

• While normative fidelity forms the cornerstone of the traditional rule of law, the contemporary crisis extends beyond the normative level. The real challenge lies in the perception and experiences of those involved in the legal process—victims, victimizers, law enforcers, and the overarching command group. The majoritarian will, constituting the contemporary command group, shapes the understanding and utilization of the rule of law as a power resource.
• Policing methodologies have transformed, with encounters and, more recently, 'bulldozer' tactics gaining popularity over traditional investigative processes. These shortcuts often garner populist support but lack the necessary democratic checks and balances, leading to potential abuse at the ground level.
• The example revolves around custodial torture and civilian deaths following security force action and an inquiry after an ambush of Army vehicles in Poonch district
• Examining global examples, such as the unrest in France following the shooting of a young mechanic of Algerian descent, and incidents of custodial violence in the aftermath of security force actions, underscores the need for vigilance against the misuse of power.

The Abridged Rule of Law Model:

• A dichotomy emerges between the traditional rule of law, characterized by uniformity, predictability, and a defined cycle of processes, and the modern-day 'shortcut' or 'abridged' rule of law model. The latter prioritizes quick and reactive repressive justice, often influenced by majoritarian dictates or cryptic information. Unlike the traditional model, the abridged rule of law lacks a fixed cycle of processes, enabling swift actions like encounter killings or bulldozer demolitions to serve as final sanctions or punishments.
• While the abridged rule of law offers expediency, it introduces an element of chance into the administration of justice. Identifying targeted individuals becomes arbitrary, posing a challenge to ensuring fairness and accountability. The government's continued commitment to the traditional rule of law offers hope, but there is a pressing need to remain vigilant against the growing trend towards shortcuts.

Preserving the Traditional Rule of Law:

• Preserving the traditional rule of law requires a concerted effort to balance the imperatives of justice, efficiency, and accountability. The government's commitment to legislative reforms is commendable, but it must be accompanied by a sustained focus on nurturing a legal system that upholds democratic values. A vigilant citizenry plays a crucial role in safeguarding against the pitfalls of an abridged rule of law model.
• Public awareness is pivotal in recognizing the potential dangers posed by shortcuts in legal processes. A comprehensive education campaign, highlighting the importance of due process, accountability, and the long-term benefits of a robust legal system, can foster a collective commitment to the traditional rule of law.

Conclusion

In navigating the challenges facing the rule of law, the government's legislative initiatives mark a significant step towards addressing infirmities and modernizing legal frameworks. However, the real test lies in the implementation of these reforms and the preservation of the traditional rule of law against the allure of shortcuts. A holistic approach that combines legislative action, public awareness, and a commitment to democratic values is essential for safeguarding the integrity of the rule of law and ensuring a just and equitable society.

Source– The Hindu