India's reputation as a society which is over-regulated but undergoverned has certainly soared after the recent report of the Commission on Review of Administrative Laws (CRAL). That CRAL has deemed 1,200 of the 2,500-odd Union laws absolute junk and worthy of immediate repeal would have astounded even congenital cynics. Sixty per cent of these laws have not even been used since 1947. Many go back to the British Raj, some being as old as 150 years. To call them outdated would be to insult the calendar. For instance, the Indian Post Office Act, 1885, is violated each time a letter is sent via a private courier agency. It is equally pathetic to have the century-old Indian Telegraph Act cope with television broadcasts. Laughable as it may seem, the Indian legal system's fetish for Jurassic Park is actually quite damaging. It has stagnated as technology and economics have been transformed.The example of the Companies Act, 1956, would be instructive. It was designed to govern business corporations within the overall framework of a socialist regime. Post-1991, it has become an antique. While an alternative legislation has been drafted, three Lok Sabhas have failed to sanction a new Companies Act. Not surprisingly, CRAL points out that India's economic laws need a drastic overhaul. At one extreme, fly-by-night financial firms exploit administrative lacunae and cheat investors at will. At the other, a maze of rules thwart a range of activities - from foreign investment to urban development. Since the laws themselves are such a confused mess, the courts work at a lethargic pace. The upshot is the collapse of the Indian justice dispensing system..preferred-source-banner{ margin-top: 10px; margin-bottom:10px;} No wonder CRAL has urged the unburdening of courts by greater use of tribunals, arbiters and the like. In sum, CRAL has shown the way. Now the Government must show the will.Published By: AtMigration Published On: Oct 12, 1998--- ENDS ---
