GOVERNMENT COMPLETES 1000 DAYS TODAY
NEW INITIATIVES
The Government in the Ministry of Law, Justice
and Company Affairs has taken several milestone steps to improve
the lot of people during the first 1000 days since October 1999
through adjustment of laws, enactment of new laws intended to
simplify laws relating to justice delivery system under a time
bound programme, making the institution of Lok Adalats permanent
to bring in it public utilities so as to provide time bound and
cost effective justice to the people at the pre-litigative and
otherwise stage of disputes resolution at the cutting edge of
public administration, effecting personal law reforms through
amendments in various marriage and other laws by making it mandatory
for the courts to provide interim judgements within 60 days in
the matter of alimony, maintenance and compensation to women in
distress in divorce suites, maintenance of children and old parents,
bringing the junior lawyers and advocates in general within the
net of social security through Advocates Welfare Fund, adjusting
registration, transfer of property and stamp laws to prevent malpractices
in registration of properties, evolving transparency through amendments
in election laws, and various amendments effected in the Companies
act, to evolve a productive, efficient and competitive corporate
sector in tune with the emerging globalisation of Indian economy
and the best global practices, to protect interest of investors
by increasing accountability of corporate sector and introducing
the system of corporate governance.
During the period, 232 Bills were introduced
in the Parliament and a total of 181 Bills passed. Added to this,
the Law Ministry also played a proactive role in persuading various
Ministries to bring in several amendments in the laws administered
by them in order to synchronize them to run the business of the
Government smoothly. As a result, a large number of obsolete laws
were repealed, inadequate infrastructure for administration of
justice addressed, complex procedural laws simplified and legal
aid services improved. A total of 305 Acts were wholly repealed,
while 52 Acts were partially repealed and amended. Also 357 amending
Acts enforced during 1984 and 1999 were reviewed.
In the area of Constitutional reforms, seven
Constitution Amendment Acts ranging from seventy-ninth to eighty-fifth
Amendments were enacted during the period to improve the lot of
the people.
As for judicial reforms, 1734 Fast Track
Courts funded hundred per cent by the Central Government at the
sessions court level are being set up since April 1, 2001. The
Government obtained direction of the Supreme Court on May 6, 2002
in Brij Mohal Lal Case for filling up of all vacancies of Fast
Track Courts within three months, till August 6, 2002. The Government
also secured direction of the apex court for filling in all vacancies
of 1874 judges of subordinate courts within one year from March
2002 in All India Judges Case. Besides, three High Courts in the
newly created States of Chhattisgarh, Jharkhand and Uttaranchal
were set up. Computerization of subordinate courts in four metros
of Chennai, Delhi, Kolkata and Mumbai has been taken up. In addition,
Arunachal Pradesh Bench of Guwahati High Court at Itanagar has
been set up A Bench of Madras High Court at Madurai and a Bench
of Calcutta High Court at Jalpaiguri are underway. Besides, 34
new Family Courts were being set up in States in 2002-2003, over
above the existing 85 such courts , on a cost sharing basis.
Milestone legal reforms have also been effected.
The Civil Procedure Code, 1908 has been amended in 1999 and 2002,
and enforced with effect from July 1, 2002, to enable civil litigants
to get justice in about a year’s time. The entire procedure from
institution to disposal of civil suits has been compressed into
one year time with the number of adjournments limited to three
only. Added to this, Legal Services Authorities Act, 1987 has
been amended to set up permanent Lok Adalats both for pre-litigative
and compulsory adjudication of public utility services like transport
by air, road and water, postal, telegraph or telephonic services,
supply of water and power, public conservancy or sanitation, hospitals
and insurance for speedy justice and to relieve courts.
The Advocates Welfare Fund Act, 2001 has
been enacted to provide for welfare fund free from income-tax
for the welfare of lawyers in distress.
The Code of Criminal Procedure (Amendment)
Act, 2002, the Special Marriage Act, 1954, the Hindu Marriage
Act, 1955 and the Parsi Marriage and Divorce Act, 1936 have been
amended to provide for interim judgement and relief within 60
days of notice for alimony to distressed women, maintenance to
children and old parents. Simultaneously, bar on maximum alimony
amount of Rs. 500 fixed since 1955 has been removed to enable
the courts to grant alimony based on income and assets of the
estranged or divorced or to be divorced husbands. Amendment to
the Indian Divorce Act, 1869, ends discrimination in divorce against
Christian women and amendments to the Indian Succession Act, 1925,
while consolidating law relating to testamentary and intestate
succession ends discrimination against Christian widow in the
inheritance of property of her deceased husband.
In the area of electoral reforms, the Constitution
(Eighty-Fourth Amendment) Act, 2001 has been enacted to freeze
the number of Lok Sabha and State Assemblies seats at 2000 level
till 2026 as a motivational factor to States to stabilize population.
Besides, it seeks to rationalize and re-adjust electoral constituencies
without changing their actual number. As a sequel to this, the
Delimitation Act, 2002 has been enacted to delimit the Parliamentary
and Assembly constituencies without changing their numbers. The
delimitation will be as per the 1991 census.
To give effect to the emerging globalization
of Indian economy and de-regulation, the Companies Act, 1956 has
been amended thrice since 1999. The amendments make corporate
sector investor friendly with enhanced accountability of director
and concept of corporate governance in place. Besides, the Companies
Act has been synergised with the Information Technology Act, 2000
and Corporate Identity Number (CIN) given to all companies registered.
Norms for Nidhis (mutual benefit societies) have been made more
stringent to make them investor friendly.
In addition, the Competition Bill, 2001,
the Companies (Amendment) Bill, 2001 (new Insolvency Bill) and
the Companies (Second Amendment) Bill, 2001 are before Parliament.
With their passage, the profile of corporate laws would undergo
further changes to bring them in tune with the best practices
in corporate governance as are available globally These would
catalyze second generation economic reforms in the country.
