STRIDES IN FREEING POLITY FROM CRIMES
The passage of three
Bills seeking to amend the Representation of People Act, 1951,
implementation of Civil Procedure (Amendment) Acts, 1999 and 2002
from July 2002, enactment of the Legal Services Authorities (Amendment)
Act, 2002 to bring public utility services cases involving the
Government within the purview of permanent Lok Adalts, upgradation
of information technology in High Courts of four Metro cities
on par with the Supreme Court designed to expedite disposal of
cases, enactment of two Companies (Amendment Acts and the Competition
Act, 2002 to give a fillip to second generation economic reforms,
are some of the milestone initiatives by the Ministry of Law and
Justice during the year 2002-2003 to bring a sea change improvement
in our system of governance. Besides, the Constitution (86th
Amendment) Act, 2002, was yet another benchmark decision of the
Government, making education for children between 6 and 14 years
of age, a fundamental right, to enable India to march unhindered
to cent per cent literacy of her people in foreseeable future.
With the passage
of three Bills seeking to amend the Representation of People Act,
1951, milestone steps were taken to free the polity from crimes
and criminals considerably by way of giving effect to the judgement
of the Supreme Court of May 2, 2002. As a result, candidates contesting
elections of Parliament and State Legislatures would now have
to give certain information regarding their antecedents including
criminal background as part of conceding voters' right to information.
The amendment also ensured that declaration of property and assets
would now be declared by the elected members to presiding officers
of both Houses of Parliament and State Legislatures as a post
electoral measures within three months of elections, Two other
amendments are designed to enhance disqualification of persons
from contesting elections if they were involved in crimes relating
to commissioning of sati or dowry besides including punishment
(conviction) over and above disqualification period to free electoral
processes from crimes or criminals. It would also make the electoral
process more transparent.
The implementation
of Civil Procedure (Amendment) Acts of 1999 and 2002 and the Legal
Services Authorities (Amendment) Act, 2002 and their legal and
constitutional validity
having been upheld by the Supreme Court were yet another landmarks
designed to expedite civil justice delivery system. All public
utility services, such as, transport of passengers or goods by
air, road or water, postal, telegraph or telephonic services,
supply of power and water to the public, public conservancy or
sanitation, hospitals or insurance would now go to Permanent Lok
Adalats being set up by the Government both Central and States
all over the country to decongest courts. In addition, the time
frame for disposal of all civil cases has been compressed in about
one year, which in the times to come would bring a considerable
relief to the litigating public.
Added to this, about
1300 Fast Track courts out of 1734 planned were set up, of which
1000 such courts have become functional. Besides, initiative was
taken to upgrade computerisation of four metropolitan High Courts
on par with that in the Supreme Court in order to help them expedite
disposal of mounting arrears of cases. Steps were also taken to
expedite filling of vacancies in High Courts. During the year,
three Chief Justices of India retired and three Chief Justices
took over. A multi-member committee on use of information technology
in courts was set by the Supreme Court for introduction of expeditious
and litigant friendly system of justice delivery.
In the area of corporate
law, with the passage of two Companies (Amendment) Acts, 2002,
the deck is now clear for a sound modern insolvency law both for
rehabilitation of sick industries and their winding up within
a time frame of two years, dismantling BIFR, abrogating the Sick
Industries (Special Provisions) Act, 1985 and bringing within
the purview of the Companies Act, 1956 producing cooperatives
to enable them to mobilise resources from the capital market.
In addition, enactment of the Competition Act, 2002 designed to
set up a Competition Commission of India by dismantling Monopolies
and Restrictive Trade Practices Commission (MRTPC) and repealing
the MRTP Act, 1969 to regulate competition, quality of products
and services, prevent abuse of dominance and fixing a threshold
limit for merger and de-merger of companies intended to give impetus
to second generation of economic reforms.
